Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
This day is the National Day of Prayer, as it is the 1st Thursday in May of each year. It is, therefore, appropriate that we should here and now join Americans throughout the land in offering our prayer for the welfare of our Nation. In our prayer this morning, we use some of the thoughts received in a mailing promoting this nationwide event.
Let us pray:
On this National Day of Prayer, we acknowledge, O Lord, with heartfelt remorse the many times we have failed to appreciate Your gifts and to obey Your commandments. As we give thanks for Your unceasing blessings to us as a Nation, help us to fulfill not only our responsibilities, but also our potential as "one Nation under God". Help us to show our gratitude by the regular practice of public and private virtues and by a genuine renewal of America's moral and spiritual heritage. Keep our eyes open to Your way and our ears open to the Scriptures which say: "righteousness exalts a nation, but sin is a reproach to any people." Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
TO: Clerk of the Senate
Clerk of the House
FROM: Eugene C. Stoddard, Chairman
DATE: May 7, 1992
RE: Transcripts of Hearings
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
SCREENING BEFORE THE COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF TRUSTEES OF STATE COLLEGES AND UNIVERSITIES, HELD IN ROOM 433, BLATT STATE OFFICE BUILDING, COLUMBIA, SOUTH CAROLINA, ON APRIL 9, 1992, COMMENCING AT THE HOUR OF 9:00 A.M.
MEMBERS OF COMMITTEE IN ATTENDANCE:
REPRESENTATIVE EUGENE C. STODDARD, CHAIRMAN
REPRESENTATIVE DANIEL E. MARTIN, SR., SECRETARY
SENATOR WARREN K. GIESE
REPRESENTATIVE JENNINGS G. McABEE
REPRESENTATIVE H. HOWELL CLYBORNE, JR.
REPRESENTATIVE STODDARD: WELL, LADIES AND GENTLEMEN IT'S NICE TO HAVE YOU WITH US AND WE'LL START NOW.
IN THE FIRST DISTRICT, WE HAVE NANCY J. CASH, WHO IS UNOPPOSED; SECOND DISTRICT, GEORGE R. STARNES, WHO IS UNOPPOSED; FOURTH, DISTRICT C. TYRONE GILMORE, WHO IS UNOPPOSED; FIFTH DISTRICT, ANNE WALKER, WHO IS UNOPPOSED; AND THE SIXTH DISTRICT, WALTER SMITH, WHO IS UNOPPOSED. DO I HAVE A MOTION ON THESE UNOPPOSED CANDIDATES?
REPRESENTATIVE CLYBORNE: I MOVE THAT WE WAIVE SCREENING ON THE UNOPPOSED CANDIDATES.
REPRESENTATIVE MARTIN: I SECOND THE MOTION.
REPRESENTATIVE STODDARD: THE MOTION IS MADE AND SECONDED THAT THE UNOPPOSED CANDIDATES WILL WAIVE SCREENING. WE APPRECIATE YOU COMING AND WE APPRECIATE THE GOOD JOB THAT Y'ALL ARE DOING. YOU MAY FEEL FREE TO LEAVE AT ANY TIME. YOU ARE ALREADY CERTIFIED AND YOU MAY SEEK SUPPORT, WHICH UNOPPOSED YOU DON'T NEED. NOW IN THE THIRD DISTRICT WE HAVE TWO CANDIDATES. FIRST, WE HAVE TIMOTHY D. ETSON. WOULD HE PLEASE COME FORWARD.
MR. ETSON, I'LL HAVE TO ASK YOU A FEW QUESTIONS BUT FIRST I'LL SWEAR YOU IN.
(TIMOTHY D. ETSON, CANDIDATE FOR THE THIRD DISTRICT ON THE LANDER COLLEGE BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO SIR, I HAVE A CLEAN BILL OF HEALTH.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A SURE.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NONE WHATSOEVER.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, I DO NOT.
Q ANY QUESTIONS OF THE GENTLEMAN?
REPRESENTATIVE STODDARD: YOU MAY STEP DOWN.
REPRESENTATIVE STODDARD: NEXT WE HAVE MS. JEAN T. McFERRIN.
(JEAN T. McFERRIN, CANDIDATE FOR THE THIRD DISTRICT ON THE LANDER COLLEGE BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, SIR.
Q ANY QUESTIONS OF MS. McFERRIN? I BELIEVE YOU'RE SEEKING RE-ELECTION AREN'T YOU MS. McFERRIN?
A YES, SIR.
REPRESENTATIVE STODDARD: THANK YOU, MA'AM.
REPRESENTATIVE STODDARD: NEXT WE HAVE OPPOSITION IN THE AT-LARGE SEAT. THIS IS A VACANT SEAT. OUR FIRST CANDIDATE IS MARY D. MOORE.
(MARY D. MOORE, CANDIDATE FOR THE AT-LARGE SEAT ON THE LANDER COLLEGE BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, I DON'T.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, I DON'T.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO.
Q ANY QUESTIONS OF MS. MOORE?
REPRESENTATIVE STODDARD: THANK YOU MA'AM.
REPRESENTATIVE STODDARD: OUR NEXT CANDIDATE FOR THAT SEAT IS WILLIAM STEVENS.
(WILLIAM STEVENS, CANDIDATE FOR THE AT-LARGE SEAT ON THE LANDER COLLEGE BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q MR. STEVENS, DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, I DO NOT.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO.
Q ANY QUESTIONS OF THE GENTLEMAN?
REPRESENTATIVE STODDARD: THANK YOU FOR COMING, MR. STEVENS.
REPRESENTATIVE STODDARD: YOU ALL HAVE THEIR BACKGROUND INFORMATION AND, OF COURSE, I NOTICED SLED APPROVES OF ALL OF THEM. NONE OF THEM HAVE ANY RECORDS. DO I HEAR A MOTION?
REPRESENTATIVE CYLBORNE: I MOVE THAT THEY BE CERTIFIED, MR. CHAIRMAN.
REPRESENTATIVE McABEE: I SECOND THE MOTION.
REPRESENTATIVE STODDARD: THE MOTION MADE AND SECONDED THAT YOU ALL BE CERTIFIED. WE FIND YOU QUALIFIED TO RUN. ALL IN FAVOR SAY AYE, OPPOSED NO. YOU MAY NOW COMMENCE TO SEEK PLEDGES. WE APPRECIATE ALL OF YOU COMING.
REPRESENTATIVE McABEE: I MOVE THAT THE COMMITTEE ADJOURN.
REPRESENTATIVE STODDARD: MR. McABEE MOVES THAT THE COMMITTEE ADJOURN. THE AYES HAVE IT.
SCREENING BEFORE THE COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF TRUSTEES OF STATE COLLEGES AND UNIVERSITIES, HELD IN ROOM 433, BLATT STATE OFFICE BUILDING, COLUMBIA, SOUTH CAROLINA, ON APRIL 16, 1992, COMMENCING AT THE HOUR OF 9:00 A.M.
MEMBERS OF COMMITTEE IN ATTENDANCE:
REPRESENTATIVE EUGENE C. STODDARD, CHAIRMAN
SENATOR ALEXANDER MACAULAY, VICE CHAIRMAN
REPRESENTATIVE DANIEL E. MARTIN, SR., SECRETARY
SENATOR WARREN K. GIESE
REPRESENTATIVE H. HOWELL CLYBORNE, JR.
REPRESENTATIVE STODDARD: LET ME INTRODUCE THE PANEL HERE THIS MORNING. SENATOR GIESE ON MY FAR LEFT, REPRESENTATIVE CLYBORNE NEXT AND THEN VICE-CHAIRMAN SENATOR MACAULAY, AND ON MY RIGHT REPRESENTATIVE DANNY MARTIN. WE HAVE SEVERAL CANDIDATES THIS MORNING WITHOUT OPPOSITION. WE HAVE RECEIVED ALL OF OUR REPORTS ON THEM, SLED AND OTHERWISE. AND NONE OF THEM HAVE ANY RECORDS OF ANY SORT.
REPRESENTATIVE CLYBORNE: MR. CHAIRMAN.
REPRESENTATIVE STODDARD: MR. CLYBORNE.
REPRESENTATIVE CLYBORNE: I MOVE THAT THOSE WITHOUT OPPOSITION BE CERTIFIED BY THIS PANEL.
REPRESENTATIVE STODDARD: MR. CLYBORNE MOVES THAT THOSE UNOPPOSED CANDIDATES BE CERTIFIED. IS THERE A SECOND?
REPRESENTATIVE MARTIN: I SECOND.
REPRESENTATIVE STODDARD: MR. MARTIN SECONDS. ALL IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT. THAT WOULD BE CHERYL D. WHIPPER, JOEL H. SMITH, WILLIAM J. DAY, MERL F. CODE, JOHN V. PRICE, MARIE M. LAND, AND TIMOTHY N. DANGERFIELD OF THE COLLEGE OF CHARLESTON. AND ON THE MEDICAL UNIVERSITY IT WOULD BE MELVYN BERLINSKY, PATRICIA T. SMITH, DR. CHARLES B. HANNA, DR. COTESWORTH P. FISHBURNE, AND DR. E. CONYERS O'BRYAN. AND THE WIL LOU GRAY OPPORTUNITY SCHOOL IT WOULD BE WILHELMINA MCBRIDE, DR. MARVIN EFRON, AND OLIVE F. WILSON. NOW WE GET BACK TO THOSE WITH OPPOSITION. WE CERTAINLY APPRECIATE YOU LADIES AND GENTLEMEN SERVING. WE REALIZE YOU DID A GREAT SACRIFICE. AND WE REALLY APPRECIATE THE JOB YOU'RE DOING AND WE CERTAINLY APPRECIATE YOU COMING THIS MORNING.
FIRST, WE HAVE THE CITADEL BOARD. ONE SEAT VACANT WITH TWO CANDIDATES. DAVID S. BOYD.
MR. BOYD: YES, SIR.
REPRESENTATIVE STODDARD: WOULD YOU STEP TO THE PODIUM PLEASE SIR.
MR. BOYD: YES.
(DAVID S. BOYD, CANDIDATE FOR BOARD OF VISITORS FOR THE CITADEL, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO I DON'T.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A I WILL.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO.
Q GENTLEMEN, DO YOU HAVE ANY QUESTIONS FOR THE CANDIDATE?
REPRESENTATIVE STODDARD: SENATOR GIESE.
Q I HAVE ALWAYS BEEN FASCINATED BY THE LOYALTY AND THE ESPRIT DE CORPS THAT THE CITADEL GRADUATES HAVE AND WHAT IS YOUR CONNECTION WITH THE CITADEL AND YOUR EXPERIENCE WITH THE CITADEL?
A WELL, SIR. I GRADUATED IN 1962. DURING THE EARLIER PART OF MY CAREER, I WAS WITH DANIEL CONSTRUCTION AND IN THE ARMY AND I MOVED AROUND A LITTLE BIT AND SETTLED BACK IN SOUTH CAROLINA IN THE EARLY '71-'73 PERIOD. I BECAME ACTIVE IN THE ALUMNI ASSOCIATION IN ABOUT 1973. THE FIRST OFFICE I HELD WAS DISTRICT DIRECTOR IN GREENVILLE, THE SECOND OFFICE WAS A MEMBER OF THE ATHLETIC ADVISORY COMMITTEE AND I WAS ELECTED TO THE VICE-PRESIDENT OF THE ASSOCIATION WHICH IS PRESIDENT ELECT AND ENDED UP AS PRESIDENT OF THE ALUMNI ASSOCIATION. THE FOLLOWING YEAR I WAS ELECTED PRESIDENT OF THE BRIGADIER, WHICH IS OUR ATHLETIC FUND RAISER. THAT WAS 1983. IN 1987, FALL OF 1986, I RAN FOR THE ALUMNI SEAT ON THE BOARD OF VISITORS. I AM CURRENTLY SERVING AS ALUMNI MEMBER AND CANNOT SUCCEED MYSELF IN THAT CAPACITY.
Q ONE OF THE BIG QUESTIONS, OF COURSE, ABOUT THE CITADEL IS WHETHER IT WILL BE FORCED TO INTEGRATE ITS STUDENT BODY. WHAT IS YOUR FEELING ON THE POSSIBLE FUTURE FOR THE CITADEL IF THE LAW REQUIRES THE INTEGRATION OF THE SCHOOL?
A SENATOR, FIRST I'D LIKE TO SAY THAT I SUPPORT THE PRESENT POLICY BECAUSE I BELIEVE THAT IT'S A TIME PROOF TESTED POLICY AND HAS TURNED A LOT OF GREAT MEN OUT OVER ITS HISTORY. IF THE LAW IS CHANGED AT THE SUPREME COURT LEVEL, THEN I WILL SUPPORT WHAT THE LAW SAYS.
SENATOR GIESE: THANK YOU.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS OF THE GENTLEMAN?
REPRESENTATIVE STODDARD: MR. BOYD, DID YOU EVER LIVE IN FOUNTAIN INN?
MR. BOYD: NO SIR. I HAVE SOME RELATIVES THAT DID AT ONE TIME.
REPRESENTATIVE STODDARD: THIS COMPANY YOU'RE WITH, WHO USED TO HAVE THAT?
MR. BOYD: A FELLOW NAMED JOHN WOOD AND I STARTED IT IN 1974 AND HE RETIRED IN 1989.
REPRESENTATIVE STODDARD: I THOUGHT I MET YOU WHEN DISPOSO WAS BUILT.
MR. BOYD: YES, SIR YOU DID. WE BUILT ALL THREE PHASES.
REPRESENTATIVE STODDARD: THANK YOU SIR.
REPRESENTATIVE STODDARD: NEXT, WE HAVE MR. W. E. JENKINSON, III.
(W. E. JENKINSON, III, CANDIDATE FOR BOARD OF VISITORS FOR THE CITADEL, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A I DO NOT.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, SIR.
Q ANY QUESTIONS OF THE GENTLEMAN?
SENATOR GIESE: I'D LIKE TO ASK THE SAME QUESTION, MR. CHAIRMAN?
REPRESENTATIVE STODDARD: SURE.
Q WHAT IS YOUR BACKGROUND IN WORKING WITH THE CITADEL OR BEING A STUDENT THERE, ETC.?
A SENATOR, I WENT TO THE CITADEL AND GRADUATED IN 1968. NOT BY A WHOLE LOT OF CHOICE. I WAS BORN INTO THE SCHOOL. MY GREAT-GRANDFATHER ATTENDED THERE, DID NOT GRADUATE BECAUSE THE SCHOOL CLOSED. MY FATHER ATTENDED THERE AND PLAYED FOOTBALL AND GRADUATED. MY TWO BROTHERS ATTENDED AND GRADUATED. MY UNCLE, MY COUSINS. IT IS A FAMILY TRADITION. IT IS AS MUCH A PART OF ME AS MY FAMILY IS IN A SENSE. AFTER GRADUATION, I PRACTICED LAW IN KINGSTREE. I'VE BEEN ACTIVE IN THE ALUMNI ASSOCIATION. I ATTEND MANY EVENTS AND HAVE BEEN VERY ACTIVE IN THE AFFAIRS. I'VE BEEN A SPONSOR FOR MANY YEARS OF THE CITADEL LEGISLATIVE BARBECUE. HARDLY A DAY GOES BY THAT I'M NOT INVOLVED IN ONE WAY, SHAPE, OR FORM WITH THE SCHOOL, THROUGH MY FAMILY OR FRIENDS, CLASSMATES, OR ACTIVITIES WITH THE SCHOOL.
Q AND WHAT WOULD YOUR POSITION BE IF THEY, I GUESS INTEGRATE IS THE WRONG WORD, CO-EDUCATE. COULD IT FLY?
A I DON'T WANT TO REPEAT WORD FOR WORD WHAT MR. BOYD HAS SAID. BUT I THINK THAT ANY CITADEL GRADUATE, ESPECIALLY BEING A LAWYER, WOULD HAVE TO SAY THAT I SUPPORT THE SCHOOL IN THE PRESENT ENVIRONMENT, IN ONLY HAVING MEN ATTEND. BUT LIKEWISE, AS A LAWYER, I ALSO RESPECT WHAT THE LAW OF THE LAND MAY BE. AND THE VMI CASE, AS YOU KNOW, IS FOLLOWING ITS COURSE THROUGH THE COURTS, WAS ARGUED IN THE FOURTH CIRCUIT LAST WEEK. A CASE I'VE FOLLOWED VERY CLOSELY AS THE UNDERGRADUATES HAVE AND IF THE COURTS DETERMINE THAT WE WILL ACCEPT WOMEN, I WILL SUPPORT THAT FULLY AND DO WHATEVER I FEEL IS THE BEST INTEREST OF THE CITIZENS OF SOUTH CAROLINA AND PARTICULARLY TO SEE THAT WHATEVER IS DONE IS DONE IN THE BEST INTEREST OF THIS STATE AND THE SCHOOL. WE HAVE SURVIVED MANY CHANGES AND MANY CIRCUMSTANCES SINCE 1842 AND I ASSURE YOU THAT WE WILL CONTINUE TO DO THAT FOR THE NEXT HUNDREDS OF YEARS.
SENATOR GIESE: I'VE BEEN A GREAT ADMIRER OF THE CITADEL PEOPLE. I HAVE NEVER SEEN SUCH A STRONG SUPPORT THAT THEY SHOW FOR EACH OTHER AND THEIR LOYALTY. I'VE GOT A GRANDSON AND IF THE CITADEL IS STILL THERE I HOPE HE CAN MAKE IT IN.
MR. JENKINSON: SENATOR, THAT'S JUST WHY IT'S SO GOOD FOR THIS STATE. THAT'S WHY WE'RE SO PROUD OF IT.
REPRESENTATIVE STODDARD: ANY FURTHER QUESTIONS OF THE GENTLEMAN?
REPRESENTATIVE STODDARD: THANK YOU SIR.
MR. JENKINSON: THANK YOU MR. CHAIRMAN.
SENATOR MACAULAY: MR. CHAIRMAN, I WOULD MAKE THE SAME MOTION SINCE BOTH OF THE CANDIDATES ARE HERE THIS MORNING AND THERE APPARENTLY IS NO QUESTION ABOUT THE QUALIFICATIONS, THAT WE GO AHEAD AND CERTIFY THEM THIS MORNING.
REPRESENTATIVE STODDARD: DO I HEAR A SECOND?
REPRESENTATIVE MARTIN: I SECOND.
REPRESENTATIVE STODDARD: SENATOR MACAULAY MAKES THE MOTION THAT WE CERTIFY THE CANDIDATES AND FIND THEM QUALIFIED, SECONDED BY MR. MARTIN. ALL IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT.
REPRESENTATIVE STODDARD: THANK YOU GENTLEMEN. NEXT WE HAVE THE MEDICAL UNIVERSITY OF SOUTH CAROLINA IN THE THIRD DISTRICT, A GENTLEMAN BY THE NAME OF MILFORD J. COOPER.
(MILFORD J. COOPER, CANDIDATE FOR THE THIRD DISTRICT LAY SEAT ON THE MEDICAL UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NOT TO MY KNOWLEDGE.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A I WILL.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO.
Q ANY QUESTIONS OF THE GENTLEMAN?
REPRESENTATIVE MARTIN: I HAVE ONE.
REPRESENTATIVE STODDARD: MR. MARTIN.
REPRESENTATIVE MARTIN: DO YOU HAVE ANY OBJECTIONS TO YOUR SON DOING AN EXCELLENT JOB AS A REPRESENTATIVE IN THE HOUSE OF REPRESENTATIVES?
MR. COOPER: I DON'T OBJECT.
REPRESENTATIVE MARTIN: I'M SATISFIED.
REPRESENTATIVE STODDARD: I THINK HE'S TRYING TO PROVE THAT HE CAN DO A BETTER JOB THAN HIS FATHER. ANY OTHER QUESTIONS?
SENATOR GIESE: CHAIRMAN.
REPRESENTATIVE STODDARD: SENATOR GIESE.
Q WHAT PARTICULAR INTEREST DO YOU HAVE IN THE MEDICAL UNIVERSITY?
A WELL, I HAVE BEEN ASSOCIATED WITH THE BETTER HEALTH CARE SINCE 1972, ABOUT 20 YEARS, AND THAT'S ONE REASON I GOT INVOLVED IN POLITICS, TO IMPROVE HEALTH CARE CONDITIONS IN MY AREA. I LIVE BETWEEN TWO LARGE TOWNS, GREENVILLE AND ANDERSON, BUT YET WE WERE HAVING A HARD TIME FINDING DOCTORS IN PELZER AND PIEDMONT, SENATOR GIESE. SO I'M IN POLITICS TO IMPROVE HEALTH CONDITIONS AND WE TRIED TO IMPROVE FACILITIES IN 1989 AND 1990 ON THE MEDICAL AFFAIRS COMMITTEE.
SENATOR GIESE: THANK YOU.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS?
THANK YOU MR. COOPER.
REPRESENTATIVE STODDARD: THE OTHER CANDIDATE IS JACK F. MCINTOSH. I DON'T BELIEVE HE IS HERE. WHAT IS THE PLEASURE OF THE COMMITTEE?
REPRESENTATIVE MARTIN: IS THERE ANY QUESTION ABOUT HIM PROPERLY BEING NOTIFIED?
REPRESENTATIVE STODDARD: NO, HE WAS PROPERLY NOTIFIED. HE IS AN INCUMBENT. THE ONLY PROBLEM I'LL HAVE WITH IT IS IF WE HEARD HE HAD AN ACCIDENT ON THE WAY DOWN OR SOMETHING.
REPRESENTATIVE MARTIN: WHAT IS THE USUAL COURSE OF ACTION?
REPRESENTATIVE STODDARD: WELL, WE HAVE IN CASES WHERE THEY HAVE MEDICAL PROBLEMS OR FAMILY TRIPS, WE HAVE DELAYED THEIR HEARING UNTIL ANOTHER DATE. WE'LL HAVE ONE MORE SCREENING, WELL TWO MORE I GUESS. WE'LL HAVE ONE MORE NEXT THURSDAY, AND THEN WE ARE GOING TO HAVE TO ADVERTISE THIS WEEKEND FOR TWO NEWLY CREATED SEATS. THEY ARE NOT NEW SEATS, THEY USED TO BE ALUMNI MEMBERS OF THE OPPORTUNITY SCHOOL AND THE GOVERNOR JUST SIGNED A BILL TO LET THE GENERAL ASSEMBLY ELECT THEM. SO WE'LL HAVE TO ADVERTISE FOR THAT. WHATEVER THE COMMITTEE'S ACTION MAY DESIRE.
SENATOR GIESE: CHAIRMAN, I NOTICE HE IS A PRACTICING ATTORNEY WHICH COULD MEAN HE HAD SOME CONFLICT AND I WONDER IF WE COULDN'T CERTIFY THE GENTLEMAN WE JUST SPOKE WITH AND THEN MAKE ONE EFFORT TO CONTACT HIM TO SEE HIS REASONS. HE MAY JUST NOT HAVE AN INTEREST ANYMORE.
REPRESENTATIVE STODDARD: SENATOR GIESE MOVES THAT WE CERTIFY MR. COOPER AND DELAY UNTIL NEXT WEEK ANY ACTION ON MR. MCINTOSH. DO I HEAR A SECOND?
REPRESENTATIVE MARTIN: I SECOND
REPRESENTATIVE STODDARD: MR. MARTIN SECONDS. ALL IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT.
REPRESENTATIVE STODDARD: THANK YOU FOR COMING THIS MORNING.
THE MOTION HAS BEEN MADE THAT THE COMMITTEE ADJOURN. THE AYES HAVE IT.
SCREENING BEFORE THE COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF TRUSTEES OF STATE COLLEGES AND UNIVERSITIES, HELD IN ROOM 433, BLATT STATE OFFICE BUILDING, COLUMBIA, SOUTH CAROLINA, ON APRIL 23, 1992, COMMENCING AT THE HOUR OF 9:00 A.M.
MEMBERS OF COMMITTEE IN ATTENDANCE:
REPRESENTATIVE EUGENE C. STODDARD, CHAIRMAN
REPRESENTATIVE DANIEL E. MARTIN, SR., SECRETARY
SENATOR WARREN K. GIESE
SENATOR JOE WILSON
REPRESENTATIVE H. HOWELL CLYBORNE, JR.
REPRESENTATIVE JENNINGS G. MCABEE
REPRESENTATIVE STODDARD: THE COMMITTEE WILL COME TO ORDER. FIRST ON THE AGENDA THIS MORNING IS A CANDIDATE FROM THE MEDICAL UNIVERSITY OF SOUTH CAROLINA WHO GOT DELAYED IN ROUTE AND GOT HERE AFTER WE ADJOURNED LAST WEEK. IF MR. MCINTOSH WOULD TAKE THE STAND.
JACK MCINTOSH, CANDIDATE FOR THE THIRD DISTRICT LAY SEAT ON THE MEDICAL UNIVERSITY OF SOUTH CAROLINA BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A I WILL.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NONE AT ALL.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NONE.
Q ANY QUESTIONS OF MR. MCINTOSH?
REPRESENTATIVE CLYBORNE: MR. MCINTOSH.
Q WHAT IS YOUR PHILOSOPHY ABOUT WHAT A BOARD MEMBER SHOULD BE IN TERMS OF DAY-TO-DAY OPERATIONS AND POLICIES?
A WELL, AS A GOVERNING BOARD YOU ELECT RESPONSIBLE PEOPLE, YOU SET POLICY AND DIRECTION, AND THEN YOU REVIEW THEIR PERFORMANCES. YOU SEE WHETHER OR NOT THEY ARE CARRYING THAT OUT IN A FISCALLY SOUND WAY AND IF THEY ARE ACHIEVING THE OBJECTIVES OF THE INSTITUTION YOU SERVE AND YOU GRADE THEM ACCORDINGLY. AND THERE IS A LIMIT, OF COURSE. YOU AREN'T THERE TO RUN IT YOU'RE THERE TO SELECT PEOPLE WHO WILL AND YOU HAVE TO STAY OUT OF THEIR AREA.
REPRESENTATIVE CLYBORNE: THAT'S MY QUESTION, THANK YOU.
REPRESENTATIVE MARTIN: MR. MCINTOSH?
Q HOW MANY MEETINGS HAVE YOU MISSED IN THE LAST COUPLE OF YEARS?
A I EXPECTED THAT QUESTION IN VIEW OF THE FACT THAT I MISSED THIS ONE LAST WEEK. I HAVEN'T MISSED ANY. I HAVEN'T EVEN BEEN LATE FOR ANY. I WANT TO APOLOGIZE TO YOU FOR WHAT HAPPENED LAST WEEK. I DID LEAVE ANDERSON AROUND 6:30 AND GOT CAUGHT BEHIND SCHOOL BUSES IN ANDERSON AND LAURENS COUNTY. AND WHEN I GOT HERE I COULDN'T FIND A PARKING PLACE. I CAME DOWN LAST NIGHT AND SPENT THE NIGHT.
REPRESENTATIVE STODDARD: THAT'S QUITE ALRIGHT. WE ACCEPT YOUR APOLOGY, I CAN UNDERSTAND IT, IT'S HAPPENED TO ME MANY TIMES.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS? THANK YOU SIR.
MR. MCINTOSH: GENTLEMEN, THANK YOU VERY MUCH.
REPRESENTATIVE STODDARD: YES, SIR. WE APPRECIATE YOU COMING. MR. JOEL H. SMITH, COLLEGE OF CHARLESTON. MR SMITH, I BELIEVE YOU WERE OUT OF STATE LAST WEEK. YOU ARE UNOPPOSED. HOW LONG HAVE YOU SERVED THERE?
MR. SMITH: FOR FOUR YEARS. I WAS ELECTED ON THE INITIAL CREATION OF THE BOARD OF THE COLLEGE OF CHARLESTON.
REPRESENTATIVE STODDARD: MR. CLYBORNE.
REPRESENTATIVE CLYBORNE: SEEING HOW HE IS UNOPPOSED AND OUR RULES ALLOW FOR THAT I MOVE THAT WE CERTIFY HIM.
REPRESENTATIVE STODDARD: MR. CLYBORNE MOVES THAT WE WAIVE SCREENING ON THE GENTLEMAN.
REPRESENTATIVE MCABEE: I SECOND.
REPRESENTATIVE STODDARD: MR. MCABEE SECONDS. ALL IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT. THANK YOU SIR.
MR. SMITH: THANK YOU VERY MUCH.
REPRESENTATIVE STODDARD: WE FIND YOU QUALIFIED.
REPRESENTATIVE CLYBORNE: MR. CHAIRMAN, I WOULD MAKE THAT SAME MOTION ABOUT MR. MCINTOSH. DIDN'T WE CERTIFY THE OTHER GENTLEMAN LAST WEEK?
REPRESENTATIVE STODDARD: YES SIR. YOU'D LIKE TO FIND HIM QUALIFIED. IS THERE A SECOND?
REPRESENTATIVE MARTIN: I SECOND.
REPRESENTATIVE STODDARD: ALL IN FAVOR SAY AYE. MR. MCINTOSH WAS FOUND QUALIFIED. YOU MAY SEEK A PLEDGE.
WE HAVE SEVERAL UNOPPOSED CANDIDATES ON THE WINTHROP BOARD. WE HAD THREE CANDIDATES BUT ONE DROPPED OUT SO WE HAVE TWO CANDIDATES FOR TWO SEATS. IS MR. GAHAGAN HERE?
MR. GAHAGAN: YES SIR.
REPRESENTATIVE STODDARD: IS MS. SAVAGE HERE? YOU WANT THE SAME MOTION ON THESE?
REPRESENTATIVE MCABEE: YES SIR IF THEY MEET ALL THE OTHER QUALIFICATIONS?
REPRESENTATIVE STODDARD: CORRECT.
REPRESENTATIVE CLYBORNE: I SECOND.
REPRESENTATIVE STODDARD: THE MOTION HAS BEEN MADE AND SECONDED THAT WE WAIVE SCREENING ON THESE UNOPPOSED CANDIDATES. ALL IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT.
THANK YOU FOR COMING AND WE APPRECIATE YOUR DEDICATION AND SERVICE.
NEXT, WE HAVE FRANCIS MARION. WE HAVE THE FIRST DISTRICT, MICHAEL MURPHREE; SECOND DISTRICT, LORRAINE KNIGHT; WE'LL SKIP OVER THE THIRD DISTRICT FOR THE TIME BEING; FOURTH DISTRICT, SEAT 7, H. RANDALL DOZIER, SEAT 8, ROBERT E. LANFORD, JR.; FIFTH DISTRICT, TRACY L. EGGLESTON; SIXTH DISTRICT, WILLIAM W. COLEMAN, JR.; AND THE AT-LARGE SEAT, M. RUSSELL HOLLIDAY, JR. THOSE WHOSE NAMES WE CALLED ARE UNOPPOSED. DO I HAVE A SIMILAR MOTION?
REPRESENTATIVE CLYBORNE: SAME MOTION.
REPRESENTATIVE STODDARD: ALL THOSE IN FAVOR SAY, OPPOSED NO. THE AYES HAVE IT.
WE FIND YOU QUALIFIED, YOU ARE UNOPPOSED. YOU MAY LEAVE AT ANY TIME.
NEXT WE HAVE THE THIRD DISTRICT. WE HAVE A CONTEST THERE. WE HAVE WILLIAM A. COLLINS, WOULD HE PLEASE COME TO THE MICROPHONE.
(WILLIAM A. COLLINS, CANDIDATE FOR THE THIRD DISTRICT ON THE FRANCIS MARION BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO.
Q ANY QUESTIONS OF THE GENTLEMAN?
REPRESENTATIVE MARTIN: MR. CHAIRMAN.
REPRESENTATIVE STODDARD: YES, SIR MR. MARTIN.
Q ARE YOU AN INCUMBENT?
A YES, SIR.
Q DO YOU RECALL HOW MANY, IF ANY, MEETINGS YOU HAVE MISSED IN THE LAST TWO YEARS?
A I HAVE MISSED TWO.
Q AND HOW OFTEN DOES THE BOARD MEET?
A IT MEETS FOUR TIMES A YEAR NORMALLY.
REPRESENTATIVE STODDARD: THOSE MEETINGS ARE MORE OR LESS QUARTERLY?
MR. COLLINS: YES SIR.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS OF THE GENTLEMAN? THANK YOU MR. COLLINS.
FOR THE SAME SEAT WE HAVE ANOTHER CANDIDATE, LEE MILLER.
(LEE MILLER, CANDIDATE FOR THE THIRD DISTRICT ON THE FRANCIS MARION BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NONE THAT I AM AWARE OF.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A I WILL.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NONE THAT I AM AWARE OF. I AM ON THE BOARD OF DIRECTORS OF THE SRP FEDERAL CREDIT UNION BUT I DO NOT CONSIDER THAT A CONFLICT.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO.
Q ANY QUESTIONS OF MR. MILLER?
REPRESENTATIVE MCABEE: MR. CHAIRMAN.
REPRESENTATIVE STODDARD: YES MR. MCABEE.
Q MR. MILLER, I NOTICED THAT YOU WENT TO THE UNIVERSITY OF SOUTH CAROLINA. DO YOU HAVE PRIOR OR CURRENT CONNECTIONS WITH FRANCIS MARION COLLEGE?
A I DO NOT.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS OF THE GENTLEMAN?
THANK YOU MR. MILLER. OUR NEXT CANDIDATES THAT ARE OPPOSED ARE SOUTH CAROLINA STATE. WE HAVE TWO SEATS VACANT AND WE HAVE EIGHT CANDIDATES. WE'LL GO ALPHABETICALLY. FIRST, WE'D LIKE FOR MR. BREVARD TO COME FORWARD. HE'S NOT PRESENT. GEORGE S. CHENAULT.
(GEORGE S. CHENAULT, CANDIDATE FOR THE SOUTH CAROLINA STATE COLLEGE BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NONE THAT I AM AWARE OF.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A I WILL.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A THE ONLY CURRENT BOARD THAT I AM SERVING ON IS A HEALTH PROVIDING BOARD IN THE BEAUFORT AREA AND I DON'T THINK THAT WOULD PRESENT A CONFLICT.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NONE.
Q ANY QUESTIONS OF MR. CHENAULT?
REPRESENTATIVE STODDARD: SENATOR GIESE.
Q MR. CHENAULT, I DON'T THINK IT IS ANY UNKEPT SECRET BUT IT APPEARS THAT SOUTH CAROLINA STATE HAS BEEN IN TURMOIL FOR QUITE A PERIOD OF TIME. THERE HAS BEEN A CHANGE IN THE LEADERSHIP OF THE BOARD. WHAT WOULD YOU PROPOSE TO DO TO BRING SOME STABILITY TO THE SITUATION?
A WELL, ONE THING I'LL TELL YOU FIRST OF ALL SIR, IS THAT MY REAL KNOWLEDGE OF WHAT IS GOING ON THERE COMES FROM THE PRESS. AND I'M NOT SURE THAT IS A SOURCE THAT I WANT TO USE TO START MAKING JUDGMENTS ABOUT WHAT SHOULD BE DONE. JUST SPEAKING VERY GENERALLY, I WOULD THINK THOUGH THAT STRONG LEADERSHIP WOULD BE THE FIRST PRIORITY TO CORRECT WHAT I PERCEIVE AS PROBLEMS THAT I HAVE READ ABOUT FROM THE PRESS. THE FACT THAT THE LEADERSHIP HAS CHANGED AS YOU INDICATED. JUST SPEAKING GENERALLY, AS I SAID, I DON'T KNOW WHAT THE FACTS ARE. BUT FROM WHAT I'VE READ IN THE PAPER, I THINK THAT STRONG LEADERSHIP WOULD BE THE FIRST STEP TOWARDS CORRECTING WHAT HAVE BEEN PERCEIVED PROBLEMS AT SOUTH CAROLINA STATE.
Q ARE YOU SAYING THAT THE LEADERSHIP SHOULD BE AT, LET'S SAY THE PRESIDENT LEVEL, OR ARE YOU TALKING ABOUT THE BOARD ITSELF?
A I'M TALKING ABOUT, WELL THE BOARD FIRST, BUT AFTER THAT THE ADMINISTRATION OF THE INSTITUTION UNDER THE DIRECTION OF THE BOARD. I'M THINKING SPECIFICALLY NOW THE LEADERSHIP MEANING ADMINISTRATION, THE PRESIDENT OF THE INSTITUTION.
Q I'VE BEEN TO THE CAMPUS MANY, MANY TIMES, AND THE CAMPUS HAS SOME REALLY FLAGSHIP BUILDINGS. GENERALLY SPEAKING, THE STUDENT BODY, IN MY OPINION, LIVES IN DORMITORIES THAT IN MOST CASES ARE PRETTY OUTDATED, THE PLUMBING IS INCREDIBLE. STUDENTS WERE ABOUT TO MOVE IN DORMITORIES THAT WERE SO BAD PARENTS GOT TOGETHER AND CLEANED THEM UP. WHAT DO YOU THINK THE ROLE OF THE BOARD IS IN THAT KIND OF SITUATION?
A FIRST OF ALL, SIR, I ATTENDED SOUTH CAROLINA STATE COLLEGE THIRTY PLUS YEARS AGO. AT THAT TIME, THE SERIOUS PROBLEM WAS UNDER FUNDING. IT'S MY OPINION THAT HAS CONTINUED TO BE A PROBLEM BUT I DON'T KNOW THAT FOR A FACT BECAUSE I'M NOT THAT INTIMATELY INVOLVED. BUT IT DOES APPEAR TO ME THAT THE FUNDING PRIORITY HAS NOT BEEN WHAT IT SHOULD HAVE BEEN FOR THAT INSTITUTION. HERE AGAIN, I THINK THE LEADERSHIP WOULD MAKE SURE THAT RESOURCES THAT ARE AVAILABLE ARE USED EFFICIENTLY TO ADDRESS THE PROBLEMS THAT YOU ARE DISCUSSING HERE.
Q AND LAST BUT NOT LEAST, I JUST NOTICED IN THE NEWSPAPER RECENTLY THE SAT ENTRANCE SCORES WENT FROM CLEMSON AT 1018 DOWN TO SOUTH CAROLINA STATE AT 700, IN SOME SMALL NUMBER, 715. I HAVE SPENT MY LIFE IN EDUCATION. TO EQUATE A 715 WITH 1018 IS A TREMENDOUS DIFFERENCE IN STUDENTS CAPABILITY AS EVIDENCED BY THAT ONE MEASURE. WHAT WOULD YOU DO TO HANDLE THAT SITUATION?
A I DON'T THINK THERE IS ANY MAGIC FORMULA FOR THAT SIR. THERE IS A DISPARITY AND I READ ALSO IN THE STATE NEWSPAPER, PROBABLY THE SAME ARTICLE YOU READ, AND AM CONCERNED ABOUT THAT DISPARITY IN THE SCORES. I THINK THAT THAT'S AN ISSUE THAT MUST BE ADDRESSED LONG-RANGE, YOU CAN'T ADDRESS THAT ONLY AT SOUTH CAROLINA STATE COLLEGE. YOU HAVE TO ADDRESS THAT WITH STUDENTS AS THEY BEGIN SCHOOL IN THE EARLY YEARS. BECAUSE THE SCORES THEY ACHIEVE ARE REFLECTIVE TO SOME EXTENT OF THE TRAINING THEY HAVE RECEIVED IN PRIOR YEARS. I THINK YOU AND I BOTH KNOW THAT MANY OF THESE STUDENTS WHO ATTEND SOUTH CAROLINA STATE COLLEGE, WHICH IS PREDOMINANTLY A BLACK INSTITUTION, EVEN TODAY HAVE COME FROM CIRCUMSTANCES THAT ARE LESS THAN MEETING NORMAL STANDARDS OF JOBS FOR PARENTS. SO YOU'RE TALKING ABOUT AN IMPACT THAT HAS COME OVER THE YEARS AND THERE IS NO MAGIC FORMULA. YOU CAN'T SAY SOUTH CAROLINA STATE COLLEGE IS TOTALLY RESPONSIBLE FOR THOSE SCORES. I THINK THOSE ARE RESPONSIBILITIES THAT COME FROM PARENTS INABILITIES TO PROVIDE ADEQUATELY FOR YOUNGSTERS OVER MANY YEARS, AND THE KIND OF EDUCATION THESE YOUNGSTERS HAVE RECEIVED OVER THE YEARS. I AM CONCERNED AND I THINK IT NEEDS TO BE ADDRESSED. I THINK IT NEEDS TO BE ADDED AT THE COLLEGE LEVEL, PROBABLY SOME EFFORT WITH REMEDIATION TO HELP THOSE YOUNGSTERS BY THE TIME THEY TAKE THE SAT SO THAT AS MUCH AS POSSIBLE THEY CAN BE IMPROVED. BUT I THINK WE HAVE TO LOOK BEYOND THE COLLEGE AND BACK INTO THE PUBLIC SCHOOLS.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS? THANK YOU MR. CHENAULT.
NEXT WE HAVE WILLIS H. CROSBY.
(WILLIS H. CROSBY, CANDIDATE FOR THE SOUTH CAROLINA STATE COLLEGE BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A I DO NOT.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO.
Q ANY QUESTIONS OF THE GENTLEMAN?
SENATOR GIESE: YES.
REPRESENTATIVE STODDARD: SENATOR GIESE.
Q I READ ONE OF THE REPORTS THAT THE LEGISLATIVE AUDIT COUNCIL THAT REVIEWED SOME PROGRAMS AT SOUTH CAROLINA STATE AND THERE IS SOME QUESTION, I THINK THAT PROBABLY THE NEWSPAPER JUST RECENTLY HAD A LITTLE ARTICLE ABOUT IT, BUT I READ THE AUDIT COUNCIL REPORT. THERE SEEMS TO BE SOME FISCAL PROBLEM ABOUT MANAGING SOME OF THE DIFFERENT FUNDS THAT YOU HAVE, I AM THINKING SPECIFICALLY OF THE ATHLETIC DEPARTMENT FOUNDATION THAT YOU HAVE. WHAT WOULD YOU DO AS A MEMBER OF THE BOARD TO ADDRESS SOME OF THOSE FINANCIAL PROBLEMS?
A FIRST OF ALL, AS A RESPONSIBLE BOARD MEMBER I WOULD ATTEMPT TO SEEK WHAT THE SITUATION IS. I THINK MANY TIMES WHAT COMES OUT IN THE PRESS AND SO FORTH IS DIFFERENT FROM WHAT THE SITUATION MAY BE. I WOULD NEED TO BECOME AWARE OF THAT AND I THINK THAT ME BEING A BOARD MEMBER I WOULD HAVE A RESPONSIBILITY TO ATTEMPT TO ADDRESS THE MATTER.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS OF THE GENTLEMAN?
REPRESENTATIVE STODDARD: THANK YOU SIR.
OUR NEXT CANDIDATE IS SAM GLOVER.
(SAM GLOVER, CANDIDATE FOR THE SOUTH CAROLINA STATE COLLEGE BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q MR. GLOVER, DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO SIR.
Q ANY QUESTIONS OF THE GENTLEMAN?
SENATOR GIESE: MR. CHAIRMAN.
REPRESENTATIVE STODDARD: SENATOR GIESE.
Q MR. GLOVER, WHY DO YOU FEEL YOU'D LIKE TO BE A MEMBER OF THIS BOARD?
A WELL, I CERTAINLY THINK I CAN HELP SOUTH CAROLINA STATE OUT. YOU PROBABLY NOTICED ON MY RESUME OR VITAE THERE, THAT I SPENT TWENTY-TWO YEARS BASICALLY IN THAT AREA. I HAVE TWO DEGREES FROM THERE, A B.S. AND M.S. DEGREE. IN ADDITION TO THAT, I TAUGHT ROTC THERE FOR FOUR YEARS MOST RECENTLY, FROM '86 THROUGH '89. DURING THAT TIME I HAD THE CHANCE TO OBSERVE THE SCHOOL FROM AN INSIDE SITUATION AS A FACULTY MEMBER. I GOT A CHANCE TO COMPARE THAT TO MY STUDENT LIFE THERE. I OBSERVED THAT HERE RECENTLY THINGS SEEMED TO HAVE GOTTEN OUT OF HAND FROM THE STANDPOINT OF I THINK WE'RE MORE OR LESS GOING TO THE HIGH ENROLLMENT NOW RATHER THAN PRODUCING QUALITY STUDENTS. I THINK THE FOCUS SHOULD BE ON PRODUCING QUALITY STUDENTS AND NOT NUMBERS. YOU PROBABLY NOTICED THERE THAT I HAVE SEVERAL BUSINESSES. I'M CONCERNED WHEN A STUDENT FROM SOUTH CAROLINA STATE COLLEGE COMES TO ME AND NEEDS A JOB AS A CASHIER, AS AN EXAMPLE, AT MY MCDONALD'S. WE NEED TO BE FOCUSED ON PRODUCING HIGH QUALITY STUDENTS. IF WE WANT TO HAVE A HIGHER ENROLLMENT, THEN WE MUST DO SOMETHING TO SUPPLEMENT THE LIMITED FUNDING THAT WE ARE PRESENTLY GETTING FROM THE STATE GOVERNMENT. I DON'T THINK ENOUGH FOCUS IS BEING DONE IN THAT PARTICULAR AREA AT THIS TIME FROM THE KNOWLEDGE THAT I HAVE. I CERTAINLY THINK WITH MY BUSINESS BACKGROUND AND EXPERIENCE I HAVE FROM WORKING THERE I COULD BE AN ASSET TO THE BOARD AS FAR AS SETTING POLICIES UP.
Q WHAT IS THE BIGGEST DIFFERENCE, YOU SAID THAT YOU HAVE TWO DEGREES FROM SOUTH CAROLINA STATE, FROM THE TIME YOU WERE THERE AS A STUDENT UNTIL YOU HAD THE EXPERIENCE AS A FACULTY MEMBER AND NOW? WHAT'S THE BIGGEST CHANGE?
A WELL, I THINK THE FOCUS THEN SEEMED TO BE MORE ON A QUALITY EDUCATION AND I JUST NOTICE A CHANGE IN THAT HERE RECENTLY THE INDICATION HAS BEEN ON 'WE HAVE X NUMBER OF STUDENTS'. THE CONCERN THAT WE HAVE A HIGHER NUMBER OF STUDENTS. TRYING TO EDUCATE THE MASSES AND, IN MY OPINION, I DON'T KNOW WHETHER OR NOT THAT'S WHAT WE SHOULD BE GOING AFTER. I THINK WE SHOULD BE TRYING TO PRODUCE QUALITY STUDENTS AND THEN PRODUCE A MASSIVE NUMBER OF QUALITY STUDENTS IF THAT'S WHAT WE CAN DO WITH THE FUNDING THAT'S AVAILABLE. BUT IF THERE IS LIMITED FUNDING THEN WE PROBABLY SHOULD BE LOOKING AT LIMITED ENROLLMENT. I AM NOT SURE RATHER WE SHOULD DO THAT OR NOT WITHOUT LOOKING AT THE SITUATION. BUT AS IT STANDS NOW, IT APPEARS THAT IS WHAT NEEDS TO HAPPEN.
Q I AM INTERESTED IN YOUR QUALITY STUDENT SITUATION. I THINK WE ALL TRY TO DO THAT AT COLLEGES AND UNIVERSITIES, BUT HOW WOULD YOU SUGGEST THE SCHOOL GO ABOUT TURNING OUT HIGHER QUALITY STUDENTS?
A WELL, I THINK IT IS CENTERED AROUND THE ENROLLMENT PROGRAM AND I GUESS THE RECRUITING PROGRAM. IN ORDER TO RECRUIT BETTER STUDENTS THEN YOU HAVE GOT TO HAVE THE RIGHT KIND OF PROGRAM IN PLACE, A PROGRAM THAT IS GOING TO ATTRACT THE BETTER STUDENTS TO ATTEND YOUR PARTICULAR INSTITUTION AND I'M NOT SURE WE HAVE THAT IN PLACE RIGHT NOW. AND THAT'S WHAT I'M TALKING ABOUT. I THINK THAT HAS SOMETHING TO DO WITH THE DISPARITY BETWEEN CLEMSON WITH A THOUSAND AND SOMETHING SAT AND SOUTH CAROLINA 714 AS I RECALL. AND THAT HAS SOME BEARING ON THAT.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS OF THE GENTLEMAN?
THANK YOU SIR. NEXT WE HAVE JANETTE HENRY.
(JANETTE HENRY, CANDIDATE FOR THE SOUTH CAROLINA STATE COLLEGE BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NONE TO MY KNOWLEDGE.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, I WOULD.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO, I DO NOT.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, I DO NOT.
Q ANY QUESTIONS OF THE LADY?
SENATOR WILSON: MR. CHAIRMAN.
REPRESENTATIVE STODDARD: SENATOR WILSON.
SENATOR WILSON: I'D LIKE TO COMMEND MS. HENRY ON THE FINE PRESENTATION WHICH YOU HAD ATTACHED, WHICH WAS THE PROPOSED TESTIMONY. IT CERTAINLY INDICATES A SINCERE AND DEEP DESIRE TO SERVE SOUTH CAROLINA STATE UNIVERSITY.
MS. HENRY: THANK YOU.
SENATOR GIESE: MR. CHAIRMAN.
REPRESENTATIVE STODDARD: SENATOR GIESE.
Q YOU'VE BEEN A VERY ACTIVE PERSON IN PROFESSIONAL AND CIVIC ORGANIZATIONS, WHAT DO YOU THINK YOU WOULD BRING TO THE BOARD OF TRUSTEES?
A FIRST OF ALL, THE PRESENT BOARD OF TRUSTEES DOES NOT HAVE ANY FEMALE REPRESENTATION, AND I WOULD BE ABLE TO BRING THAT FEMALE REPRESENTATION TO THE BOARD OF TRUSTEES. ALSO, I AM PRESENTLY WORKING WITH HIGH SCHOOL AND ELEMENTARY SCHOOL STUDENTS. I WILL BE ABLE TO BRING THAT RESPECT TO THE COLLEGE LEVEL TO INFORM THE BOARD OF TRUSTEES AND OTHERS WHAT OUR HIGH SCHOOLS ARE DOING AND THAT WOULD HELP US MAKE A BETTER COLLEGE PROGRAM.
Q TELL ME, HOW WOULD YOU GO ABOUT SOLVING THE PROBLEM I HAVE ASKED IN IMPROVING THE QUALITY OF EDUCATION AT SOUTH CAROLINA STATE? I HAVE HAD THREE YOUNG MEN WHO HAVE GONE THROUGH SOUTH CAROLINA STATE WORK WITH ME THE LAST FOUR OR FIVE SUMMERS. THEY WERE REALLY QUALITY STUDENTS, TOP NOTCH, YOU CAN'T FIND ANY BETTER STUDENTS. GENERALLY SPEAKING, WHEN THE LEVEL OF THE INTAKE IS AT THE LEVEL THAT IT IS THE OUTCOME MAY BE SUCH THAT HOW WOULD YOU GO ABOUT RAISING THE QUALITY OF WHAT TAKES PLACE AT SOUTH CAROLINA STATE SO THAT THE GRADUATES ARE COMPETITIVE WHEN THEY GET OUT. AFTER ALL THEY ARE SPENDING FOUR YEARS AND THEY HAVE TO BE COMPETITIVE IN A REAL TOUGH WORLD.
A FIRST OF ALL, IN ORDER TO IMPROVE THE QUALITY YOU ARE GOING TO HAVE TO MAKE SURE THAT YOU HAVE QUALITY PROGRAMS THAT WOULD COMPETE WITH OTHER COLLEGES. SO THAT WHEN OUR STUDENTS FROM SOUTH CAROLINA STATE UNIVERSITY GO OUT INTO THE SO-CALLED REAL WORLD THEY ARE ABLE TO COMPETE WITH OTHERS, NOT ONLY FROM SOUTH CAROLINA STATE UNIVERSITY BUT ALSO FROM OTHER COLLEGES ACROSS THE NATION. AND IN ORDER TO DO THIS, YOU ARE GOING TO HAVE TO HAVE ADEQUATE FUNDING TO IMPLEMENT THESE PROGRAMS. THAT IS ONE THING THAT WE WOULD HAVE TO GO AFTER, MORE FUNDING FOR BETTER QUALITY PROGRAMS TO IMPROVE THE QUALITY OF STUDENTS THAT WOULD COME FROM THE INSTITUTION.
SENATOR GIESE: I THINK FUNDING IS BASIC. I DO KNOW THAT THEY ARE DOING IT BECAUSE TWO OR THREE YEARS AGO WE PUT $150,000 PER YEAR INTO BRINGING THEIR BUSINESS SCHOOL INTO A SITUATION WHERE IT COULD BE ACCREDITED THE SAME AS THE UNIVERSITY OF SOUTH CAROLINA'S AND I THINK THAT IS BASIC. THEY DO HAVE SOME VERY FINE PROGRAMS BUT I THINK THAT IS BASIC TO THE PROBLEM.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS?
THANK YOU MA'AM.
MS. HENRY: THANK YOU.
REPRESENTATIVE STODDARD: OUR NEXT CANDIDATE IS WILLIE T. SMITH.
(WILLIE T. SMITH, CANDIDATE FOR THE SOUTH CAROLINA STATE COLLEGE BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO SIR, I'M TOLD I'M IN GOOD HEALTH. I JUST FINISHED SURGERY AND THAT'S WHAT MY DOCTORS TOLD ME.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A I THINK SO SIR. EVEN THOUGH I AM A RETIRED JUDGE I WILL HOLD COURT EVERY ONCE IN A WHILE IF NEEDED.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO SIR.
Q ANY QUESTIONS OF THE JUDGE?
SENATOR GIESE: MR. CHAIRMAN.
Q JUDGE, WHAT IS YOUR INTEREST, YOU'VE HAD MANY YEARS ON THE BENCH, AND WHAT IS YOUR INTEREST IN SOUTH CAROLINA STATE, BESIDES BEING A GRADUATE?
A SIR, WHEN I DECIDED TO BECOME A LAWYER I WAS PART OF THE SITUATION THAT BEGAN THE LAW SCHOOL AT SOUTH CAROLINA STATE. I WAS EDUCATED AT THAT LAW SCHOOL. I SAW THAT LAW SCHOOL ESTABLISHED IN JUST A SHORT PERIOD OF TIME, OF COURSE, UNDER THE DIRECTION OF THE FEDERAL COURT. THAT LAW SCHOOL HAS TURNED OUT SOME OUTSTANDING GRADUATES. AND I SEE NO REASON IN THE WORLD WHY THE PRESENT SCHOOL CAN'T DO THE SAME THING. AND I THINK THAT I CAN PROVIDE THE LEADERSHIP NEEDED TO HELP SOUTH CAROLINA STATE BECOME THAT KIND OF INSTITUTION NOW.
Q JUDGE, DO YOU THINK THE EXPECTATIONS OF THE STUDENTS ARE AT A LEVEL THAT REQUIRES THEM TO REALLY GO ALL OUT TO USE THE MAXIMUM OF THEIR ABILITY?
A SENATOR, THAT IS SOMETHING I WOULD LIKE TO KNOW MORE ABOUT AND I HAVEN'T HAD MUCH CONNECTION WITH THE SCHOOL RECENTLY. AS YOU KNOW, I JUST RETIRED FROM THE BENCH IN JANUARY. BUT I'VE ALWAYS HAD A SINCERE INTEREST IN THE CONTINUING EDUCATION THERE AS A MEMBER OF THE BOARD OF TRUSTEES OF THE LARGEST SCHOOL DISTRICT IN THE SOUTHEAST. AND I THINK WE HAVE TO MOTIVATE CHILDREN. I LOOK AT A BOARD OF TRUSTEES AS A POLICY MAKING BODY. YOU MAKE A POLICY AND THEN YOU SELECT THE STAFF AND PEOPLE WHO ARE GOING TO CARRY OUT THE POLICY. I THINK THAT IS THE KEY TO THE WHOLE SITUATION. PEOPLE WHO WILL PUT PROGRAMS INTO EFFECT THAT WILL MOTIVATE THE CHILDREN THAT COME THERE THAT WANT AN EDUCATION. AND I THINK THAT IF THEY ARE MOTIVATED, WELL-EDUCATED, AND WELL-TRAINED THEY'LL HELP THE ONES COMING UP BEHIND THEM. I THINK THE BOARD HAS THAT RESPONSIBILITY OF SETTING POLICIES AND FINDING PEOPLE TO CARRY OUT THOSE POLICIES.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS? THANK YOU JUDGE.
I APOLOGIZE FOR SKIPPING OVER LEROY MOSELY, JR.
(LEROY MOSELY, JR., CANDIDATE FOR THE SOUTH CAROLINA STATE COLLEGE BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO SIR, I DO NOT.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO SIR.
Q ANY QUESTIONS OF MR. MOSELY?
REPRESENTATIVE STODDARD: SENATOR GIESE.
Q MR. MOSELY, ONE OF THE MOST DISCONCERTING STATISTICS ABOUT THE STATE OF SOUTH CAROLINA HIGHER EDUCATION IS THE FACT THAT OVER THIRTY PERCENT OF OUR FRESHMAN HAVE TO TAKE REMEDIAL COURSES. NOW THAT'S NOT JUST SPECIFICALLY SOUTH CAROLINA STATE, THAT'S ACROSS THE ENTIRE SYSTEM. I JUST WONDER WHAT OUR HIGH SCHOOLS ARE DOING IF THIRTY PERCENT OF THE STUDENTS HAVE TO RETAKE HIGH SCHOOL WORK IN ORDER TO GET STARTED IN COLLEGE. WHAT WOULD YOU DO ABOUT THAT?
A WELL CERTAINLY HIGHER EDUCATION HAS A RESPONSIBILITY TO ACCEPT THAT AS WE FIND IT, WHILE PERHAPS, TRYING TO ASSIST THE PUBLIC SCHOOLS WOULD BE A BETTER WAY. HOWEVER THOSE STUDENTS WHO HAVE GRADUATED FROM THE PUBLIC SCHOOLS AND NEED REMEDIATION, WE CANNOT JUST CUT THEM LOOSE AND SAY THAT HIGHER ED IS NOT FOR THEM. THAT EMPHASIZES WHAT I SEE NEED TO HAVE A BETTER REMEDIATION OR A DEVELOPMENTAL PROGRAM IN HIGHER EDUCATION.
Q LET ME GIVE YOU ANOTHER POSSIBLE SCENARIO OR SOLUTION AND TELL ME WHAT YOU THINK ABOUT THAT. THE STATE PAYS $6000 TO HAVE A STUDENT COME TO THE UNIVERSITY, WE HAVE REMEDIAL PROGRAMS. IT COSTS ABOUT $5600 FOR A STUDENT TO GO CLEMSON, THEY HAVE REMEDIAL PROGRAMS. IT COSTS ABOUT $4200 FOR A STUDENT TO GO TO SOUTH CAROLINA STATE, YOU HAVE REMEDIAL PROGRAMS. WHAT WOULD YOU THINK OF SETTING A STANDARD OF ENTRANCE SUCH THAT IF YOU WANT TO GO TO LET'S SAY A TECH SCHOOL, WE HAVE THOSE ALL OVER THE STATE RIGHT NOW, THAT YOU WOULD EARN YOUR WAY INTO A FOUR YEAR INSTITUTION BY DOING A YEAR AT A TECHNICAL OR ONE OF OUR TWO YEAR COLLEGES WHERE IT COSTS US $2100 PER STUDENT, SO THAT WE DON'T HAVE REMEDIATION GOING ON AT THE FLAGSHIP INSTITUTIONS, ONE OF WHICH WOULD BE YOURS?
A I THINK SOME REMEDIAL COURSES ARE NECESSARY. I WOULD NOT ADVOCATE THAT FOUR YEAR COLLEGES BECOME OVERRUN IF YOU WILL WITH PERSONS IN REMEDIATION. HOWEVER, I AM NOT IN FAVOR OF CLOSING THE DOOR TO ALL PERSONS WHO MAY IN MANY INSTANCES BY NO FAULT OF THEIR OWN NEED SOME REMEDIATION. I THINK SOME AMOUNT OF THAT IS NEEDED IN THE INSTITUTIONS. I WOULD SUGGEST, HOWEVER, THAT REMEDIATION OUGHT TO BE PERHAPS MORE THE RESPONSIBILTIES OF THE TECHNICAL COLLEGES THAN THE INSTITUTIONS. BUT NONE THE LESS, I THINK THEY ALL SHOULD HAVE SOME AND THEIR LEVELS OF STANDARDS SHOULD BE SUCH THAT IT WOULD NOT PUT SOME SITUATIONS THAT ARE TOTALLY UNMANAGEABLE. BUT NONE THE LESS, SOME AMOUNT OF REMEDIATION IS NECESSARY AT A COLLEGE OR INSTITUTION LIKE SOUTH CAROLINA STATE UNIVERSITY, ONE THAT HAS A HISTORY AND HERITAGE OF REACHING OUT TO THOSE PERSONS WHO MAY BE MORE DISADVANTAGED EDUCATIONALLY.
Q I WAS KIND OF HOPING THAT YOU MIGHT TAKE OFF ON PERHAPS WE NEED TO RAISE THE STANDARDS THAT WE HAVE IN OUR PUBLIC SCHOOLS SO THAT WE DON'T END UP IN COLLEGES WITH REMEDIATION.
A CERTAINLY, I THINK THAT IS NEEDED BUT AT THIS POINT IN TIME WE HAVE THE SITUATION AND WE MUST DEAL WITH IT. THOSE STUDENTS WHO HAVE ALREADY GRADUATED AND ARE COMING TO US NOW OR EVEN THOSE WHO MAY BE COMING IN THE NEXT COUPLE OF YEARS, IT MAY BE TO LATE. SO I WOULD SAY THAT WE NOT CLOSE OUR DOORS AND OBVIOUSLY OVER TIME I WOULD LIKE TO SEE THE PUBLIC SCHOOLS PUT OUT BETTER STUDENTS SO THAT THE AMOUNT OF REMEDIATION THAT WE NOW HAVE TO DO IS NOT NECESSARY. I THINK WHEN I RESPONDED TO YOUR QUESTION I WAS THINKING MORE IN TERMS OF WHAT WE HAVE TODAY.
SENATOR GIESE: I HOPE THAT THE BOARDS WOULD BE CATALYSTS TO THE STATE BOARD OF EDUCATION AND TO THE HIGHER EDUCATION SO THAT THE BOARDS WOULD LET THE PEOPLE KNOW THAT WE NEED TO HAVE HIGHER QUALITY STUDENTS COMING OUT OF OUR HIGH SCHOOLS WHICH MEANS THAT WE SHOULD BE SPENDING TWELVE YEARS THAT WE KEEP THESE KIDS IN SCHOOL AND BRING THEM TO A LEVEL SO THAT WE DON'T HAVE TO REPAY FOR THEIR EDUCATION THROUGH TAKING THE HIGH SCHOOL COURSES OVER AGAIN AT A COLLEGE LEVEL. BUT THANK YOU.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS?
REPRESENTATIVE MARTIN: ONE QUESTION?
REPRESENTATIVE STODDARD: MR. MARTIN.
Q I SEE WHERE YOU ATTENDED SOUTH CAROLINA STATE COLLEGE, IT DOESN'T SAY WHETHER OR NOT YOU RECEIVED A DEGREE FROM THERE OR NOT?
A YES SIR I DID. BUSINESS ADMINISTRATION AND ACCOUNTING IN 1969.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS GENTLEMEN?
YOU MAY STEP DOWN MR. MOSELY. WE CERTAINLY APPRECIATE ALL OF YOU COMING. THAT COVERS EVERYONE WE HAVE PRESENT THIS MORNING.
REPRESENTATIVE CLYBORNE: MR. CHAIRMAN.
REPRESENTATIVE STODDARD: MR. CLYBORNE.
REPRESENTATIVE CLYBORNE: I MAKE A MOTION THAT THOSE THAT APPEAR BE CERTIFIED.
SENATOR GIESE: I SECOND.
REPRESENTATIVE STODDARD: MOTION MADE AND SECONDED THAT ALL THE CANDIDATES THAT HAVE APPEARED BE CERTIFIED AS QUALIFIED. ALL IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT. WE CERTAINLY APPRECIATE YOUR DESIRE TO SERVE AND APPRECIATE YOU COMING THIS MORNING.
THE MOTION HAS BEEN MADE THAT THE COMMITTEE ADJOURN. THE AYES HAVE IT.
SCREENING BEFORE THE COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF TRUSTEES OF STATE COLLEGES AND UNIVERSITIES, HELD IN ROOM 433, BLATT STATE OFFICE BUILDING, COLUMBIA, SOUTH CAROLINA, ON APRIL 30, 1992, COMMENCING AT THE HOUR OF 9:00 A.M.
MEMBERS OF COMMITTEE IN ATTENDANCE:
REPRESENTATIVE EUGENE C. STODDARD, CHAIRMAN
SENATOR ALEXANDER MACAULAY, VICE-CHAIRMAN
REPRESENTATIVE DANIEL E. MARTIN, SR., SECRETARY
SENATOR JOE WILSON
REPRESENTATIVE H. HOWELL CLYBORNE, JR.
REPRESENTATIVE STODDARD: WELL, LADIES AND GENTLEMEN IT'S NICE TO HAVE YOU WITH US AND WE'LL START NOW.
(RUSSELL S. BEDENBAUGH, CANDIDATE FOR THE BOARD OF TRUSTEES FOR WIL LOU GRAY OPPORTUNITY SCHOOL, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO SIR.
Q ANY QUESTIONS OF THE GENTLEMAN?
Q COULD YOU TELL US BRIEFLY WHY YOU'D LIKE TO SERVE ON THIS BOARD?
A I HAVE A LOT OF EXPERIENCE. I HAVE WORKED IN PERSONNEL, IN ADMINISTRATION, I'VE BEEN A PRINCIPAL, I'VE BEEN A TEACHER. I NOW WORK IN THE SOUTH CAROLINA DEPARTMENT OF EDUCATION, SO I HAVE STATEWIDE INTEREST IN EDUCATION. I BELIEVE IN ALTERNATIVE PROGRAMS. I WROTE A DISSERTATION A COUPLE OF YEARS AGO DEALING WITH ALTERNATIVE PROGRAMS. IT IS A REAL INTEREST OF MINE MR. STODDARD.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS?
SENATOR.
Q DR. BEDENBAUGH, YOU PUT DOWN DIRECTOR OF SOUTH CAROLINA DEPARTMENT OF EDUCATION. WHAT IS YOUR DEPARTMENT OR DIVISION?
A I DIRECT THE OFFICE OF PROFESSIONAL DEVELOPMENT. WE'RE ABOUT ASSESSING AND DEVELOPING POTENTIAL SCHOOL ADMINISTRATORS AND WE DO SOME TEACHER TRAINING ALSO.
Q IN THAT CAPACITY, WOULD YOU IN ANY WAY HAVE ANY SORT OF ASSOCIATION WITH WIL LOU GRAY FACULTY OR STAFF?
A NONE.
SENATOR MACAULAY: THANK YOU.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS OF THE GENTLEMAN?
THANK YOU MR. BEDENBAUGH.
MR. BEDENBAUGH: THANK YOU SIR.
REPRESENTATIVE STODDARD: OUR NEXT CANDIDATE IS ELIZABETH MOORHEAD.
(ELIZABETH MOORHEAD, CANDIDATE FOR THE BOARD OF TRUSTEES FOR WIL LOU GRAY OPPORTUNITY SCHOOL, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO, SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES, SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO.
Q ANY QUESTIONS OF THE LADY?
SENATOR WILSON: MR. CHAIRMAN.
REPRESENTATIVE STODDARD: SENATOR WILSON.
SENATOR WILSON: DO WE HAVE THE PERSONAL DATA AND QUESTIONNAIRE?
REPRESENTATIVE STODDARD: NO, I DON'T HAVE COPIES BUT WE'LL HAND AROUND THE ONE WE HAVE.
SENATOR WILSON: THANK YOU.
REPRESENTATIVE STODDARD: I MIGHT GO AHEAD AND ASK YOU THE SAME QUESTION I ASKED THE GENTLEMAN BEFORE.
Q COULD YOU TELL US BRIEFLY WHY YOU'D LIKE TO SERVE ON THIS BOARD?
A I'VE BEEN IN EDUCATION FOR TWENTY YEARS. I WAS A TEACHER FOR ALL OF THOSE YEARS EXCEPT THIS PRESENT YEAR FOR WHICH NOW I AM THE COORDINATOR OF THE CHAPTER ONE PROGRAM IN CHEROKEE COUNTY. AT-RISK STUDENTS HAVE ALWAYS BEEN AN EXTREME INTEREST OF MINE, WHICH IS THE REASON I WANTED TO GET INTO THE PROGRAM THAT I AM IN RIGHT NOW. WE TRY INNOVATED NEW WAYS, ANY WAY THAT WE CAN FIND, TO WORK WITH THESE PARTICULAR CHILDREN. I AM AT THIS POINT IN MY LIFE WHERE YOU NO LONGER HAVE TO BE AT HOME BECAUSE MY CHILDREN ARE AWAY.
REPRESENTATIVE STODDARD: DO WE HAVE ANY OTHER QUESTIONS?
SENATOR WILSON.
Q MR. CHAIRMAN, I REPRESENT THE COMMUNITY WHERE WIL LOU GRAY IS LOCATED AND SO I AM VERY INTERESTED IN THE SCHOOL. DO YOU HAVE ANY DIRECT RELATIONSHIP TO THE SCHOOL NOW?
A NO SIR.
Q BUT YOU'VE REFERRED STUDENTS TO IT I'M SURE?
A NO. THIS IS THE FIRST YEAR THAT I'VE BEEN WITH CHAPTER ONE.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS?
THANK YOU MA'AM.
REPRESENTATIVE CLYBORNE: I MOVE THAT WE CERTIFY THEM, MR. CHAIRMAN.
REPRESENTATIVE MARTIN: I SECOND.
REPRESENTATIVE STODDARD: MR. CLYBORNE MOVES THAT YOU BE CERTIFIED, SECONDED BY MR. MARTIN. ALL IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT.
WE APPRECIATE Y'ALL COMING AND WE FIND YOU QUALIFIED.
NEXT WE HAVE TWO CANDIDATES FOR THE SOUTH CAROLINA STATE BOARD. I BELIEVE THEY ARE BOTH INCUMBENTS. THEY BOTH HAD CONFLICTS LAST WEEK WHEN WE SCREENED THAT GROUP. FIRST, WE'LL HAVE HENRY W. BREVARD.
(HENRY W. BREVARD, CANDIDATE FOR THE SOUTH CAROLINA STATE COLLEGE BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES I WOULD.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO, I DO NOT.
Q ANY QUESTIONS OF THE GENTLEMAN?
REPRESENTATIVE STODDARD: SENATOR WILSON.
Q MR. CHAIRMAN, I NOTICED IN TODAY'S NEWSPAPER AND SAW ON TELEVISION LAST NIGHT, CONCERN ABOUT SOUTH CAROLINA STATE NOW UNIVERSITY FUNDS FOR ITS INDEPENDENT FOUNDATION. AND WHAT IS YOUR POSITION ON UPDATING OF THE RECORDS AND ALSO IN TERMS OF DISCLOSURE?
A I THINK THAT WE NEED TO TAKE A VERY CLOSE LOOK AT THE FOUNDATION. I THINK AT OUR MEETING ON THE SIXTH OF MAY THE SUBJECT WILL COME UP AND WE WILL BE TALKING WITH THE PRESIDENT OF THE FOUNDATION AND THE CURRENT DIRECTOR OF THE FOUNDATION TO GATHER SOME INFORMATION. IF I AM STILL THERE I PLAN TO APPOINT A COMMITTEE TO LOOK INTO THIS ALONG WITH A COMMITTEE FROM THE FOUNDATION TO DETERMINE WHETHER WE ARE DOING ALL OF THE THINGS THAT WE NEED TO DO OR WHETHER WE NEED TO GO OUT AND GET SOME OUTSIDE HELP TO HELP US TO BRIDGE THE GAP BETWEEN DISSEMINATING INFORMATION THAT WE SHOULD OR THAT WE NEED TO MAKE CERTAIN THAT OUR RECORDS, OUR LAST AUDIT, THAT WE GOT WAS A CLEAN AUDIT FOR THE FOUNDATION. SO EVIDENTLY, WE NEED TO LOOK AT SOME OTHER THINGS THAT THE FOUNDATION IS DOING AND I'M SURE THAT THE BOARD WILL TAKE THIS UP.
Q I PERSONALLY BELIEVE THAT THE FOUNDATION FUNDS ARE SOMETIMES A MIXTURE OF PUBLIC AND PRIVATE FUNDS THEREFORE I BELIEVE THEY SHOULD BE OPEN TO THE PUBLIC FOR REVIEW. WHAT IS YOUR POSITION ON THAT?
A I THINK THAT WE COME UNDER THE FREEDOM OF INFORMATION ACT. I HAVE NOT HAD ANYONE TO CHECK ALL OF THE LEGALITIES OF IT, BUT I PLAN TO. AND IF THIS IS TRUE THEN WE CERTAINLY WILL SEE TO IT THAT THE INFORMATION THAT SHOULD BE MADE PUBLIC WILL BE MADE PUBLIC. I DON'T THINK THAT THERE IS ANYTHING TO HIDE AT THE FOUNDATION. I AM SORRY THAT THE CONTROVERSY CAME UP. IT CAME AT A VERY BAD TIME FOR US BUT I'M SURE THAT IF THERE IS SOMETHING THAT IT WILL BE DISCLOSED.
SENATOR WILSON: THANK YOU.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS GENTLEMEN?
REPRESENTATIVE MARTIN: YES SIR. I'D LIKE TO ASK SOMETHING.
Q DR. BREVARD, THERE IS A BILL IN THE LEGISLATURE NOW, ONE IN THE HOUSE AND ONE IN THE SENATE, THAT BASICALLY SOMEWHAT RESTRUCTURES THE BOARD MEMBER'S PARTICIPATION, THAT IS BY CONGRESSIONAL DISTRICTS AND INCREASING THE NUMBER OF MEMBERS ON THE BOARD. IF YOU ARE FAMILIAR WITH THE BILL, DO YOU HAVE ANY FEELINGS AS TO WHETHER OR NOT IT WOULD SERVE AS A POSITIVE AS OPPOSED TO A NEGATIVE, NOT THAT THE COLLEGE IS A UNIVERSITY?
WELL, I THINK THAT HAVING READ THE BILL ITSELF, I THINK THAT IT'S A GOOD BILL. I THINK THAT THE NUMBERS WOULD ALLOW US TO HAVE A BROADER-BASED GROUP OF INDIVIDUALS THAT REPRESENT ALL FACETS OF SOUTH CAROLINA AND I SHOULD HAVE SAID ALL GEOGRAPHIC REGIONS OF SOUTH CAROLINA BY DISTRICTS. AND I THINK THAT IT WILL HELP THE BOARD IN THAT ASPECT. I CERTAINLY DON'T FEEL THAT IT WILL HARM THE BOARD IN ANY WAY. I THINK THAT IT WILL ENHANCE THE SHARING OF IDEAS. WHEN YOU HAVE A LARGE GROUP OF PEOPLE THE PROBLEMS THAT YOU RUN INTO IS THAT DECISION-MAKING BECOMES A LITTLE MORE DIFFICULT. I'M SURE THAT EACH OF YOU ARE FAMILIAR WITH THAT. HOWEVER, GROUP DECISIONS ARE BETTER DECISIONS, IT'S JUST THAT THEY ARE MORE EXPENSIVE AND MORE TIME CONSUMING THAN ANYTHING ELSE. BUT I THINK THAT THERE ARE SOME POSITIVES THAT CAN COME OUT OF IT.
REPRESENTATIVE STODDARD: ANY FURTHER QUESTIONS GENTLEMEN?
SENATOR WILSON: ONE FINAL COMMENT. I NOTICED HERE, I REMEMBER VERY WELL, WHEN YOU CAME THROUGH THE FIRST TIME, I BELIEVE IN 1986. I REMEMBER YOU BEING GIVEN INFORMATION ABOUT DUAL OFFICE HOLDING AND WHERE YOU WERE CONFRONTED WITH A DILEMMA OF CONTINUED SERVICE ON THE TOWN COUNCIL IN MONCKS CORNER OR SERVICE OF THE SOUTH CAROLINA STATE BOARD AND I HAVE ALWAYS BEEN IMPRESSED THAT YOU DID NOT HESITATE TWO SECONDS TO SAY THAT YOU WANTED TO SERVE ON THE BOARD. I'VE BEEN IMPRESSED WITH YOUR SERVICE AND AGAIN WANTED TO BRING THAT TO THE ATTENTION FOR A NEWCOMER AT LEAST BECAUSE I HAVE NEVER SEEN THAT BEFORE WHERE SOMEONE WAS CONFRONTED BUT YET MADE HIS DECISION VERY QUICKLY.
MR. BREVARD: THANK YOU SIR.
REPRESENTATIVE STODDARD: I REMEMBER THE OCCASION. THANK YOU SIR.
OUR NEXT CANDIDATE IS CHARLES H. WILLIAMS.
(CHARLES H. WILLIAMS, CANDIDATE FOR THE SOUTH CAROLINA STATE COLLEGE BOARD OF TRUSTEES, WAS DULY SWORN IN BY THE CHAIRMAN.)
Q DO YOU HAVE ANY HEALTH-RELATED PROBLEMS THAT THE SCREENING COMMITTEE SHOULD BE MADE AWARE OF THAT WOULD PREVENT YOU FROM SERVING ON THE BOARD IN A FULL CAPACITY?
A NO SIR.
Q CONSIDERING YOUR PRESENT OCCUPATION AND OTHER ACTIVITIES, WOULD YOU BE ABLE TO ATTEND BOARD MEETINGS ON A REGULAR BASIS?
A YES SIR.
Q DO YOU HAVE ANY INTERESTS, PROFESSIONALLY OR PERSONALLY, THAT PRESENT A CONFLICT OF INTEREST BECAUSE OF YOUR SERVICE ON THE BOARD?
A NO SIR.
Q DO YOU NOW HOLD ANY PUBLIC POSITION OF HONOR OR TRUST THAT, IF ELECTED TO THE BOARD, WOULD CAUSE YOU TO VIOLATE THE DUAL OFFICE HOLDING CLAUSE OF THE CONSTITUTION?
A NO SIR.
Q COULD YOU TELL US BRIEFLY WHY YOU'D LIKE TO CONTINUE TO SERVE ON THIS BOARD, MR. WILLIAMS?
A YES, SIR. GENTLEMAN, OF COURSE, I'VE BEEN ON THIS BOARD FOR SIX YEARS. I'M A LIFELONG RESIDENT OF ORANGEBURG AND HAVE GROWN UP AROUND STATE COLLEGE. WHEN I GOT ON THE BOARD IT THOUGHT IT WAS IMPORTANT THAT THE COMMUNITY BECOME INVOLVED IN SOUTH CAROLINA STATE COLLEGE. EVERYONE HERE KNOWS IT IS A HISTORICALLY BLACK COLLEGE. I THINK IT'S IMPORTANT THAT THE BOARD HAVE WHITE TRUSTEES WHO SUPPORT THE COLLEGE. I THINK THAT'S IMPORTANT NOT ONLY TO THE WHITE COMMUNITY BUT TO THE BLACK COMMUNITY. I THINK THAT STATE COLLEGE HAS BECOME A LOT MORE INVOLVED IN OUR COMMUNITY AND OUR COMMUNITY HAS BECOME INVOLVED IN STATE COLLEGE. I THINK THAT AT THIS POINT IN TIME WHEN I CAME ON THE BOARD THEY WERE IN THE PROCESS OF PICKING A NEW PRESIDENT. I THINK THAT WITH ANY INSTITUTION IT IS TERRIBLY IMPORTANT WHAT KIND OF PRESIDENT YOU HAVE RUNNING THE INSTITUTION. I AM ON THAT SEARCH COMMITTEE. THE ABILITY TO TRY AND FIND SOMEONE THAT WOULD BE AN ASSET NOT ONLY TO STATE COLLEGE BUT TO THE STATE, GOES WITHOUT SAYING THAT COLLEGES AND OUR EDUCATION SYSTEM MAKES UP THE FUTURE OF THIS STATE. I ENJOY BEING ON IT AND ENJOY THE DIFFERENT BOARD MEMBERS AND PEOPLE AT THE SCHOOL THAT I WORK WITH.
Q ARE YOU THE ONLY RESIDENT OF ORANGEBURG ON THIS BOARD?
A NO SIR. THERE ARE THREE ON THERE. THERE HAVE BEEN TWO ELECTED SINCE I WAS ELECTED. AT ONE TIME I WAS THE ONLY ONE.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS?
SENATOR WILSON: MR. CHAIRMAN.
Q YOU'VE HEARD MY CONCERNS ABOUT THE FOUNDATION AND THE PAST RECORDKEEPING AND ALSO AS TO WHETHER IT'S OPEN TO THE PUBLIC NOW AND IN THE FUTURE. WHAT'S YOUR POSITION ON THE FOUNDATION?
A MINE IS THAT IT WOULD BE OPEN. I WAS UNDER THE IMPRESSION THAT THEY HAD ALREADY COME OUT AND MADE THE LAW THAT SAID THE BOOKS WERE OPEN. I JUST HEARD THERE WAS A STATEMENT MADE BY THE FOUNDATIONS PRESIDENT THAT WAS INCORRECT AND I WAS ASSURED THAT ALL FOUNDATION RECORDS WOULD BE OPEN TO THE PUBLIC FOR INSPECTION. AND I CERTAINLY THINK THEY SHOULD BE.
Q AND THEY'LL BE AUDITED AND MAINTAINED IN AUDITABLE CONDITION IN THE FUTURE?
A THAT'S THE WAY I WOULD CERTAINLY RECOMMEND IT. YES SIR.
REPRESENTATIVE STODDARD: ANY OTHER QUESTIONS?
MR. MARTIN.
Q I WAS GOING TO ASK MR. WILLIAMS BASICALLY THE SAME QUESTION I ASKED DR. BREVARD CONCERNING THE BILL?
A MR. MARTIN, I'M FOR THE BILL. AND MY REASONS ARE MAYBE A LITTLE BIT DIFFERENT THAN MR. BREVARD'S. I THINK IT IS A MISTAKE, AND OF COURSE, I MIGHT BE PART OF THAT MISTAKE. I DON'T THINK YOU NEED THREE PEOPLE FROM ORANGEBURG ON A BOARD. THEY'RE IN THAT TOWN, YOU JUST DON'T THINK IT'S GOOD FOR A UNIVERSITY TO HAVE THAT MANY, THREE OUT OF NINE, A THIRD OF ITS BOARD, IN THE TOWN IN WHICH IT COMES FROM. I'M ALSO CONCERNED WITH BASICALLY FOUR OR MAYBE FIVE, BECAUSE WE DON'T ALWAYS HAVE A FULL BOARD, BEING ABLE TO MAKE DECISIONS FOR THAT COLLEGE. I THINK THE NEW BILL PROPOSES THIRTEEN AND I DON'T KNOW IF YOU SHOULD EVER HAVE AN INSTITUTION AS LARGE AS SOUTH CAROLINA STATE UNIVERSITY WHERE FOUR OR FIVE PEOPLE CAN MAKE A DECISION. AND IT GOES WITHOUT SAYING, Y'ALL KNOW WE'VE HAD SOME PRETTY SPLIT VOTES HERE RECENTLY. AND I JUST THINK BY EXPANDING, BY MAKING IT STATE-WIDE IN GEOGRAPHICS WILL BE TO THE BENEFIT OF THAT COLLEGE. IT MIGHT COST ME MY SEAT BUT I JUST THINK IT'S BETTER NOT TO HAVE SO MANY PEOPLE FROM ORANGEBURG ON A UNIVERSITY THAT'S SO IMPORTANT TO THIS STATE.
REPRESENTATIVE STODDARD: ANY FURTHER QUESTIONS?
THANK YOU SIR.
SENATOR WILSON: I MOVE THAT THE CANDIDATES ARE QUALIFIED.
REPRESENTATIVE STODDARD: SENATOR WILSON MOVES THAT THE CANDIDATES BE FOUND QUALIFIED.
REPRESENTATIVE MARTIN: I SECOND.
REPRESENTATIVE STODDARD: SECONDED BY MR. MARTIN. ALL IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT.
WE FIND YOU BOTH QUALIFIED. THANK YOU FOR COMING THIS MORNING.
THE MOTION HAS BEEN MADE THAT THE COMMITTEE ADJOURN. ALL THOSE IN FAVOR SAY AYE, OPPOSED NO. THE AYES HAVE IT.
PURSUANT TO ACT 119 OF 1975, THE COMMITTEE TO SCREEN CANDIDATES FOR BOARDS OF TRUSTEES OF STATE COLLEGES AND UNIVERSITIES WAS CONVENED TO CONSIDER THE QUALIFICATIONS OF CANDIDATES SEEKING TO FILL CERTAIN POSITIONS ON BOARDS OF TRUSTEES OF THE STATE'S COLLEGES AND UNIVERSITIES. THE COMMITTEE CONDUCTS SUCH INVESTIGATION OF EACH CANDIDATE AS IT DEEMS APPROPRIATE AND REPORTS ITS FINDINGS TO THE GENERAL ASSEMBLY PRIOR TO ELECTION. IT IS NOT THE FUNCTION OF THE COMMITTEE TO RECOMMEND ONE CANDIDATE OVER ANOTHER OR TO SUGGEST TO THE INDIVIDUAL LEGISLATOR FOR WHOM TO VOTE. OUR ROLE IS INSTEAD THAT OF DETERMINING WHETHER A CANDIDATE IS QUALIFIED AND UNDER THE STATUTE OUR DETERMINATION IN THAT REGARD IS NOT BINDING UPON THE GENERAL ASSEMBLY.
THE CANDIDATES WHO WERE UNDER CONSIDERATION AT THE TIME OF THESE HEARINGS ARE DISCUSSED IN THIS REPORT.
THE CANDIDATES ARE:
LANDER COLLEGE
First District
Nancy J. Cash
Second District
George R. Starnes
Third District
Timothy D. Etson
Jean T. McFerrin
Fourth District
C. Tyrone Gilmore
Fifth District
S. Anne Walker
Sixth District
Walter D. Smith
At-Large
Mary D. Moore
William Stevens
CITADEL--One seat
David S. Boyd
W.E. Jenkinson, III
COLLEGE OF CHARLESTON
First District
Cheryl D. Whipper
Second District
Joel H. Smith
Third District
William J. Day
Fourth District
Merl F. Code
Fifth District
John V. Price
Sixth District
Marie M. Land
At-Large
Timothy N. Dangerfield
MEDICAL UNIVERSITY OF SOUTH CAROLINA
Lay Trustees
First District--Melvyn Berlinsky
Second District--Patricia T. Smith
Third District--Milford J. Cooper
Jack F. McIntosh
Medical Profession
Fourth District--Dr. Charles B. Hanna
Fifth District--Dr. Cotesworth P. Fishburne
Sixth District--Dr. E. Conyers O'Bryan
WIL LOU GRAY OPPORTNITY SCHOOL - Three seats
Wilhelmina McBride
Dr. Marvin Efron
Olive F. Wilson
FRANCIS MARION
First District
J. Michael Murphree
Second District
Lorraine H. Knight
Third District
William A. Collins
Lee Miller
Fourth District
SEAT 7 - H. Randall Dozier
SEAT 8 - Robert E. Lanford, Jr.
Fifth District
Tracy L. Eggleston
Sixth District
William W. Coleman, Jr.
At-Large
M. Russell Holliday, Jr.
SOUTH CAROLINA STATE - Two seats
Henry W. Brevard
George S. Chenault
Willis H. Crosby
Sam Glover
Janette Henry
Leroy Mosely, Jr.
Willie T. Smith
Charles H. Williams
WINTHROP - Two seats
Robert Gahagan
Sanita L. Savage
WIL LOU GRAY OPPORTUNITY SCHOOL - Two seats
Russell S. Bedenbaugh
Elizabeth Moorhead
On motion of Rep. STODDARD the report was ordered printed in the Journal.
The following was received.
April 30, 1992
The Honorable Sandra K. McKinney
Clerk, South Carolina House of Representatives
State House
Columbia, South Carolina 29201
Dear Mrs. McKinney:
The Rules Committee met on Tuesday, April 28, 1992, and elected the following officers:
John W. Tucker, Jr., 1st Vice-Chairman
Lucille S. Whipper, 2nd Vice-Chairman
Sincerely,
Ruth D. Muldrow
Executive Secretary
Received as information.
The following was received.
Document No. 1433
Promulgated By Consumer Affairs
Licensing Standards for Continuing Care Retirement Communities
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 day review expiration date July 3, 1992
Withdrawn and Resubmitted: May 7, 1992
Received as information.
Rep. SHIRLEY, from the Abbeville Delegation, submitted a favorable report, on:
S. 1347 -- Senator O'Dell: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT MEMBERS OF THE COMMISSION MUST BE RECOMMENDED FROM CERTAIN MUNICIPALITIES, TO AUTHORIZE THE COMMISSION TO ELECT A SECRETARY AND TREASURER INSTEAD OF A SECRETARY-TREASURER, TO AUTHORIZE OFFICERS TO SUCCEED THEMSELVES UNDER CONDITIONS, AND TO SUBSTITUTE COUNTY COUNCIL FOR DELEGATION AS THE ENTITY WHICH MAY APPROPRIATE MONEY TO THE COMMISSION.
Ordered for consideration tomorrow.
On motion of Rep. TUCKER, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 1347 -- Senator O'Dell: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT MEMBERS OF THE COMMISSION MUST BE RECOMMENDED FROM CERTAIN MUNICIPALITIES, TO AUTHORIZE THE COMMISSION TO ELECT A SECRETARY AND TREASURER INSTEAD OF A SECRETARY-TREASURER, TO AUTHORIZE OFFICERS TO SUCCEED THEMSELVES UNDER CONDITIONS, AND TO SUBSTITUTE COUNTY COUNCIL FOR DELEGATION AS THE ENTITY WHICH MAY APPROPRIATE MONEY TO THE COMMISSION.
The Bill was read the second time and ordered to third reading.
On motion of Rep. TUCKER, with unanimous consent, it was ordered that S. 1347 be read the third time tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4011 -- Reps. Hayes and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; AND TO AMEND SECTIONS 36-1-105, 36-1-201(37), AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A; AND BY ADDING CHAPTER 4A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE ON FUND TRANSFERS INCLUDING THE ISSUANCE, ACCEPTANCE, AND PAYMENT OF PAYMENT ORDERS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4306 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-15 SO AS TO AUTHORIZE MAGISTRATES TO ISSUE AND ENFORCE TEMPORARY RESTRAINING ORDERS OF NOT MORE THAN SIXTY DAYS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4830 -- Rep. Hallman: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 27, 1992, AS THE TIME FOR ELECTING A MEMBER OF THE BOARD OF VISITORS OF THE CITADEL TO FILL THE UNEXPIRED TERM OF THE LATE WILLIAM R. RISHER.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4831 -- Reps. Wilkins, Quinn, G. Brown, McElveen, Sharpe, McAbee, Townsend, Cobb-Hunter, Harvin, White, Hyatt, Hallman, Wofford, Haskins, Ross, A. Young, J. Brown, Rogers, Scott, Boan, Keyserling, Nettles, Council, Shissias, Huff, Wright, McTeer, Gentry, Wilkes, Waites and Shirley: A BILL TO AMEND ACT 571 OF 1990, AS AMENDED, RELATING TO JUVENILE DETENTION, SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1993, TO JULY 1, 1993.
Rep. WILKINS moved to waive Rule 5.12, which was agreed to by a division vote of 41 to 0.
On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1532 -- Senators Holland, Saleeby and Carmichael: A BILL TO AUTHORIZE THE APPOINTMENT OF A MINISTERIAL MAGISTRATE IN CHESTERFIELD COUNTY.
On motion of Rep. J. HARRIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. J. HARRIS, with unanimous consent, it was ordered that S. 1532 be read the second time tomorrow.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, T.C. Altman Anderson Bailey, J. Baxley Brown, H. Bruce Burch, K. Cato Chamblee Clyborne Cobb-Hunter Cooper Council Cromer Delleney Elliott, L. Fair Farr Foster Glover Hallman Harrelson Harris, J. Harrison Haskins Hendricks Hodges Houck Hyatt Inabinett Keegan Kempe Kennedy Keyserling Kinon Klapman Lanford Littlejohn Marchbanks Martin, L. McCraw McGinnis McKay McTeer Meacham Phillips Rhoad Riser Ross Rudnick Scott Sheheen Shissias Smith Snow Stone Tucker Vaughn Waites Waldrop Wells Whipper White Wilkes Wilkins Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, May 7.
Grady Brown D.N. Holt Sandra Wofford Lenoir Sturkie Marion Carnell Patrick Harris George H. Bailey Herbert Kirsh Levola Taylor Robert Barber Joe E. Brown Edward Bennett Ronald P. Townsend Kenneth Corbett John Williams James Mattos Gene Stoddard Jennings McAbee Charles Sharpe William D. Boan David Beasley Timothy Rogers Don Beatty Mike Jaskwhich Dell Baker Eugene Nettles Douglas Jennings Larry Koon Bob Shirley Dick Elliott Denny Neilson John Felder Thomas Huff Hicks Harwell Alex Harvin Larry Gentry
LEAVES OF ABSENCE
The SPEAKER granted Rep. WILDER a leave of absence for the day.
The SPEAKER granted Rep. FULMER a leave of absence for the day.
The SPEAKER granted Rep. D. WILLIAMS a leave of absence for the day.
The SPEAKER granted Rep. M.O. ALEXANDER a leave of absence for the day.
The SPEAKER granted Rep. CORNING a leave of absence for the day.
Announcement was made that Dr. Tom Whitaker of Myrtle Beach is the Doctor of the Day for the General Assembly.
Rep. BAXLEY, on behalf of the Darlington County Delegation, presented the Hartsville High School "Lady Red Foxes" basketball team, winners of the State Class AAAA Championship and Coaches.
Rep. LITTLEJOHN presented Chad Silvers, winner of the World Championship title in arm wrestling.
Rep. TAYLOR, on behalf of the Richland County Delegation, presented Mr. and Mrs. Joseph C. Woodward and members of the Woodward-Collins family for having maintained in their family a farm since 1885.
Rep. SHISSIAS moved that when the House adjourns it adjourn in memory of Mr. Frank A. McLeod, Rep. CORNING's step-father, which was agreed to.
The following recalled Joint Resolution was taken up.
H. 4827 -- Reps. R. Young, Holt and Gonzales: A JOINT RESOLUTION TO DESIGNATE THAT PORTION OF INTERSTATE I-26 IN NORTH CHARLESTON, SOUTH CAROLINA, AS THE "JOHN E. BOURNE, JR. HIGHWAY".
Rule 5.12 was waived by a division vote of 19 to 0.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4822 -- Reps. Townsend, Cooper, P. Harris, Tucker and Chamblee: A BILL TO AMEND ACT 269 OF 1989, RELATING TO TAX MILLAGE FOR ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO REQUIRE THE SCHOOL BOARD TO DETERMINE THE TAX MILLAGE WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THE STATE ANNUAL APPROPRIATIONS ACT AND TO PROVIDE AN EXCEPTION.
On motion of Rep. TUCKER, with unanimous consent, it was ordered that H. 4822 be read the third time tomorrow.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4604 -- Rep. Wilkins: A BILL TO AMEND SECTION 4-9-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COUNTY'S AUTHORITY TO APPOINT AND COMMISSION ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT THIS AUTHORITY SHALL NOT INTERFERE WITH THE CURRENT FUNCTIONS AND DUTIES OF THE SHERIFF.
H. 3132 -- Reps. Baxley, Wilder, Manly, Wells, Whipper and Waites: A BILL TO AMEND SECTION 14-7-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REASONS FOR DISQUALIFICATION OF JURORS, SO AS TO PROVIDE THAT A PERSON WHO IS BLIND, HEARING OR SPEECH IMPAIRED, OR PHYSICALLY HANDICAPPED MAY NOT BE DISQUALIFIED TO ACT AS A JUROR OR BE EXCLUDED FROM A JURY LIST OR JURY SERVICE BECAUSE OF THESE HANDICAPS; AND TO AMEND SECTION 15-27-110, RELATING TO INTERPRETERS FOR THE DEAF, SO AS TO PROVIDE THAT AN INTERPRETER BE PROVIDED WHEN A DEAF PERSON IS A JUROR AND PROVIDE CRITERIA FOR THE USE OF AN INTERPRETER WHEN USED TO ASSIST A DEAF JUROR.
H. 4532 -- Reps. Wofford, H. Brown, D. Williams and J. Williams: A BILL TO AMEND SECTION 12-51-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALE OF REAL PROPERTY FOR DELINQUENT TAXES, SO AS TO PROVIDE THAT A COUNTY MAY CONDUCT THE SALE AT A LOCATION OTHER THAN THE COURTHOUSE.
H. 3669 -- Rep. Wofford: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO RECEIVE FEDERAL AND STATE TAX REFUNDS FROM AN OBLIGOR WHO IS DELINQUENT IN HIS COURT-ORDERED CHILD SUPPORT AND WHO QUALIFIES FOR SUBMITTAL UNDER STATE OR FEDERAL LAW EVEN IF THE OBLIGOR IS IN COMPLIANCE WITH A COURT ORDER REQUIRING PERIODIC PAYMENTS TOWARD SATISFACTION OF THE DELINQUENCY OR THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE BY COURT ORDER.
H. 4753 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO MERGED REGULATIONS FOR THE CONSUMER PROTECTION CODE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1459, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4754 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO MODIFICATIONS AND CLARIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1406, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4755 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO 900 AND 900-TYPE SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1460, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4638 -- Rep. Fair: A BILL TO AMEND SECTION 44-96-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITTING OF SOLID WASTE MANAGEMENT FACILITIES BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE THAT COUNTY-OWNED FACILITIES WHICH INCINERATE LESS THAN FIFTY TONS PER DAY OF MUNICIPAL SOLID WASTE AS PART OF A PILOT STUDY WHOSE DURATION IS LESS THAN ONE AND ONE-HALF YEARS ARE NOT REQUIRED TO MEET CERTAIN REQUIREMENTS FOR PERMITTING AND OPERATION.
H. 4640 -- Rep. Bennett: A BILL TO AMEND SECTION 50-3-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPUTY WILDLIFE CONSERVATION OFFICERS, SO AS TO DELETE THE LIMITATION ON THE LENGTH OF THE TERMS.
H. 4766 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO DISADVANTAGED BUSINESS ENTERPRISES PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1440, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4767 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1470, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4422 -- Rep. Farr: A BILL TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF VEHICLES, SO AS TO PROVIDE THAT SADDLE MOUNTS AND FULL MOUNTS MUST NOT EXCEED SEVENTY-FIVE FEET.
H. 4774 -- Reps. Hallman, Barber, Inabinett, Holt, Fulmer, Rama, D. Martin, Whipper, J. Bailey, Kirsh and R. Young: A BILL TO AMEND SECTION 51-13-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND TERMS OF THE MEMBERS OF THE PATRIOT'S POINT AUTHORITY, SO AS TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY AND TO TERMINATE THE TERMS OF THE MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND PROVIDE THAT THE GOVERNOR SHALL APPOINT THE MEMBERS AS PROVIDED FOR IN SECTION 51-13-720, AS AMENDED BY THIS ACT.
H. 4775 -- Reps. L. Elliott and Harwell: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A CERTAIN PORTION OF WEST JAMES STREET IN THE CITY OF MULLINS, SOUTH CAROLINA.
H. 4776 -- Reps. L. Elliott and Harwell: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM A CERTAIN PORTION OF WAYCROSS STREET IN THE CITY OF MARION, SOUTH CAROLINA.
H. 4636 -- Rep. Wilder: A BILL TO AMEND SECTION 58-9-2540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF AN ADVISORY COMMITTEE TO MONITOR THE STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE, SO AS TO INCREASE THE COMMITTEE FROM EIGHT TO NINE BY ADDING ONE MEMBER WHO MUST BE HEARING-IMPAIRED AND A MEMBER OF SELF-HELP FOR HARD OF HEARING PEOPLE.
H. 3027 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-95 SO AS TO PROHIBIT THE CAPTURING OR REMOVAL FROM THE WATERS OF THIS STATE AND THE DISPLAY OF A MAMMAL OF THE ORDER CETACEA (DOLPHINS AND WHALES) AND TO PRESCRIBE PENALTIES FOR VIOLATIONS.
H. 4787 -- Reps. Holt, Bennett, Keyserling, Harrelson, G. Bailey, Whipper, Scott, Barber, Rama, Hallman, Wofford, Fulmer, D. Williams, Harwell, Inabinett, Klapman, Farr, Smith, Gonzales, J. Bailey, Sturkie, Koon, Rhoad, McKay, Kinon, D. Martin, McCraw, Altman, J. Harris, Council, Taylor, Lanford, Byrd, K. Burch, Wilder, H. Brown, Wright, R. Young, Meacham, Rudnick, Corning, Phillips, Kirsh, Snow, Stone, Harrison, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-180 SO AS TO PROVIDE REQUIREMENTS FOR PUBLIC BOATING ACCESS FACILITIES.
H. 4452 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-475 SO AS TO PROHIBIT EAVESDROPPING ON CELLULAR OR CORDLESS TELEPHONES AND CELLULAR RADIO TELEPHONES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.
H. 4737 -- Rep. Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-320 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH IS EMPOWERED TO PROVIDE WATER SERVICES TO PROVIDE SEWAGE COLLECTION AND DISPOSAL SERVICES UNDER CERTAIN PRESCRIBED CIRCUMSTANCES.
H. 3636 -- Rep. Clyborne: A BILL TO AMEND SECTION 41-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR PRIVATE PERSONNEL AGENCIES, SO AS TO DELETE THE PROHIBITION AGAINST CONDUCTING PERSONNEL PLACEMENT SERVICES IN A RESIDENCE.
H. 4790 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-54-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETOFF DEBT COLLECTION ACT WHICH AUTHORIZES A CLAIMANT AGENCY TO REQUEST THAT A DELINQUENT DEBT BE SET OFF BY THE TAX COMMISSION AGAINST ANY INCOME TAX REFUND DUE THE DEBTOR, SO AS TO PROVIDE THAT REGULAR MAIL AS WELL AS CERTIFIED OR REGISTERED MAIL MAY BE USED TO PROVIDE THE DEBTOR WITH CERTAIN NOTICES REQUIRED BY THE ACT.
H. 4571 -- Reps. Wilkins, Boan, T.C. Alexander, Waldrop, Phillips, Bennett, Beasley, M.O. Alexander, J. Bailey, Barber, H. Brown, Clyborne, Cooper, Fair, Farr, Fulmer, J. Harris, P. Harris, Harrison, Haskins, Hodges, Huff, Jennings, L. Martin, M. Martin, McGinnis, Sharpe, Smith, Tucker, Wells, Wofford, Wright, A. Young, Jaskwhich, Quinn, Sturkie, Koon, Riser, D. Martin, J. Brown, Scott, Gentry, Harwell, Vaughn, Corning, Cato, J. Williams, Shissias and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-15 SO AS TO PROVIDE THAT NO LICENSE OR PERMIT REQUIREMENT OR CONDITION MAY BE ENFORCED UNLESS PROMULGATED BY REGULATION PURSUANT TO CHAPTER 23 OF TITLE 1; TO AMEND SECTION 1-23-10, RELATING TO DEFINITIONS FOR THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO DEFINE THE TERMS "AGENCY ACTION" AND "ASSESSMENT REPORT"; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLICATION OF NOTICES OF PROPOSED REGULATIONS, SO AS TO REQUIRE AN ASSESSMENT REPORT BY THE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO REQUIRE ADOPTION OF PROPOSED REGULATIONS BY JOINT RESOLUTION WITHIN ONE HUNDRED TWENTY DAYS.
I kept my objection to H. 4571 through third reading. I think that a public hearing should be required before a piece of legislation of this magnitude passes through this Body.
Rep. J.L. MANN CROMER, JR.
I kept my objection on H. 4571 because I felt this Bill needed a public hearing. No piece of legislation, regardless of its merits, should be allowed to hide from public scrutiny.
Rep. KATHLEEN KEMPE
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1321 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-105 SO AS TO REQUIRE A SURETY BONDSMAN TO PAY A FEE OF ONE HUNDRED DOLLARS IN EACH COUNTY WHERE HE DOES BUSINESS OTHER THAN THE COUNTY OF HIS PRINCIPAL PLACE OF BUSINESS.
S. 1280 -- Senator Land: A BILL TO AMEND CHAPTER 11, TITLE 48, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO ADD SECTIONS 48-11-15 AND 48-11-185, DELETE SECTION 48-11-80, AND REVISE THE PROCEDURES FOR THE CREATION, ORGANIZATION, AND FUNCTION OF THE DISTRICTS; TO REPEAL ACT 1316 OF 1964, RELATING TO DISTRICTS IN NEWBERRY COUNTY, ACT 655 OF 1965, RELATING TO DISTRICTS IN JASPER COUNTY, ACT 1179 OF 1966, RELATING TO DISTRICTS IN ALLENDALE COUNTY, ACT 1196 OF 1966, RELATING TO DISTRICTS IN BEAUFORT COUNTY, ACT 1212 OF 1966, RELATING TO DISTRICTS IN CHARLESTON COUNTY, ACT 1254 OF 1966, RELATING TO DISTRICTS IN DARLINGTON COUNTY, AND OTHER ACTS OR PARTS OF ACTS INCONSISTENT WITH CHAPTER 11, TITLE 48; TO DELETE PROVISIONS FOR CERTAIN DISTRICTS WHICH WERE AUTHORIZED BY ACT BUT WERE NEVER CREATED AT THE LOCAL LEVEL AND, WHERE THE DISTRICTS WERE AUTHORIZED BY SEPARATE ACT, TO REPEAL ACT 1084 OF 1958, RELATING TO POLK SWAMP, FLORENCE COUNTY, ACT 1085 OF 1958, RELATING TO EBENEZER, FLORENCE COUNTY, ACT 1134 OF 1960, RELATING TO LYNCHBURG-SHILOH, SUMTER AND LEE COUNTIES, ACT 1097 OF 1962, RELATING TO COWARD, FLORENCE COUNTY, AND ACT 1195 OF 1962, RELATING TO CROW CREEK, PICKENS; TO DISSOLVE CERTAIN DISTRICTS WHICH HAVE NEVER IMPLEMENTED WORKS OF IMPROVEMENT AND, WHERE THE DISTRICTS WERE CREATED BY SEPARATE ACT, TO REPEAL ACT 471 OF 1961, RELATING TO EIGHTEEN MILE CREEK, PICKENS AND ANDERSON COUNTIES, LONG-CANE TURKEY CREEK, ABBEVILLE, ANDERSON, AND GREENWOOD COUNTIES, LITTLE RIVER, ABBEVILLE, ANDERSON, AND MCCORMICK COUNTIES, AND ROCKY RIVER, ANDERSON COUNTY, ACT 567 OF 1961, RELATING TO LONG CANE-TURKEY CREEK, ACT 1081 OF 1962, RELATING TO CATFISH CREEK-SMITH SWAMP, MARION, DILLON, AND MARLBORO COUNTIES, KENTYRE-HAMER, DILLON COUNTY, AND REEDY CREEK, DILLON AND MARLBORO COUNTIES, ACT 493 OF 1965, RELATING TO LONG CANE-TURKEY CREEK, ACT 640 OF 1965, RELATING TO SANDERS BRANCH-CROOKED CREEK, HAMPTON COUNTY, ACT 671 OF 1965, RELATING TO LITTLE RIVER, ACT 691 OF 1965, RELATING TO EIGHTEEN MILE CREEK, AND ACT 725 OF 1965, RELATING TO CLARK'S FORK-BULLOCKS CREEK, YORK COUNTY, STONY FORK, YORK COUNTY, AND SUGAR CREEK, YORK AND LANCASTER COUNTIES; AND TO PROVIDE FOR THE TERMS OF THE DIRECTORS OF THE DISTRICTS SERVING ON THE EFFECTIVE DATE OF THIS ACT AND FOR THE TERMS OF THEIR SUCCESSORS.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1223 -- Senators Giese and Hinson: A BILL TO AMEND SECTIONS 15-74-10 AND 15-74-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF LIABILITY EXEMPTION FOR DONATED FOOD AND THE NATURE AND EXTENT OF THE CIVIL LIABILITY EXEMPTION TO FOOD DONORS, SO AS TO INCLUDE WITHIN THE DEFINITION OF PERISHABLE FOOD CONSUMER AGRICULTURAL PRODUCTS WHICH THE DONOR ALLOWS TO BE REMOVED FROM HIS LAND AFTER COMMERCIAL HARVESTING AND TO EXTEND THE EXEMPTION FROM CIVIL LIABILITY TO INJURIES RESULTING FROM THE NATURE AND CONDITION OF THE LAND.
S. 1464 -- Senators Rose and Reese: A BILL TO CREATE THE SOUTH CAROLINA ENVIRONMENTAL AWARENESS AWARD TO BE PRESENTED ANNUALLY TO A PERSON EXEMPLIFYING EXTRAORDINARY DEDICATION TO THE CONSERVATION AND PRESERVATION OF THE ENVIRONMENT OF SOUTH CAROLINA BY A COMMITTEE CONSISTING OF DESIGNATED REPRESENTATIVES FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, THE STATE COMMISSION OF FORESTRY, THE SEA GRANT CONSORTIUM, THE WATER RESOURCES COMMISSION, THE WILDLIFE AND MARINE RESOURCES COMMISSION, AND THE STATE LAND RESOURCES CONSERVATION COMMISSION.
Rep. SNOW moved to adjourn debate upon the following Bill until Tuesday, May 12, which was adopted.
H. 4751 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND SECTION 46-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE SUPERVISION AND REGULATION OF MILK AND MILK PRODUCTS, SO AS TO DELETE THE DEFINITIONS OF "SUBSIDIARY", "AFFILIATE", "BOOKS AND RECORDS", AND "COSTS"; AND TO REPEAL SECTION 46-49-30 RELATING TO THE AUTHORITY OF THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING MILK PURCHASING PLANS AND PRODUCERS' MILK BASES AND SECTION 46-49-50 RELATING TO THE REQUIREMENTS TO MAINTAIN RECORDS AND FILE REPORTS FOR PERSONS LICENSED TO SELL MILK.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1., Rep. WELLS having the floor.
H. 4146 -- Reps. Wells, McGinnis, Wright, Riser, Canty, Littlejohn, Beatty and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-287 SO AS TO PROHIBIT AN INSURER, INCLUDING ANY AGENT OR ADJUSTER FOR SUCH INSURER, WHICH ISSUES OR RENEWS IN THIS STATE ANY POLICY OF INSURANCE COVERING, IN WHOLE OR IN PART, ONE OR MORE MOTOR VEHICLES FROM REQUIRING ANY INSURED UNDER THE POLICY TO USE A PARTICULAR COMPANY OR LOCATION FOR THE PROVIDING OF MOTOR VEHICLE GLASS REPLACEMENT OR REPAIR SERVICES OR PRODUCTS INSURED IN WHOLE OR IN PART BY THE POLICY, TO PROVIDE FOR CERTAIN PROCEDURES WHICH MAY BE FOLLOWED AND FOR CERTAIN OTHER PROHIBITED ACTS, TO REQUIRE THE STATE INSURANCE COMMISSION, THROUGH THE DEPARTMENT OF INSURANCE, TO ADMINISTER AND ENFORCE THIS SECTION AND PROMULGATE REGULATIONS, TO PROVIDE FOR A CRIMINAL FINE, AND TO PROVIDE A PROCEDURE FOR THE IMPOSITION OF AN ADMINISTRATIVE FINE BY THE DEPARTMENT OF CONSUMER AFFAIRS UNDER CERTAIN CONDITIONS OR REVOCATION OF BUSINESS LICENSE, OR BOTH.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 6, by Rep. WELLS.
Rep. WELLS relinquished the floor.
The amendment was then adopted.
Rep. KOON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\6557.JM), which was tabled.
Amend the bill, as and if amended, Section 38-77-287, as contained in SECTION 1, by adding an appropriately-lettered subsection to read:
/( ) Notwithstanding any other provision of this section or any other provision of law, no insurer shall be prohibited from entering into a contract with one or more motor vehicle repair facilities, including motor vehicle glass repair or replacement facilities, to furnish quality repairs or replacements at a specified price. No insured shall be required to use these facilities. In the event that an insured uses a non-contracting facility, the insurer shall provide the same payment as would be paid to a contracting facility./
Reletter subsections of Code Section 38-77-287 to conform.
Amend title to conform.
Rep. KOON explained the amendment.
Rep. WELLS spoke against the amendment.
Rep. WELLS moved to table the amendment, which was agreed to by a division vote of 47 to 11.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WELLS, with unanimous consent, it was ordered that H. 4146 be read the third time tomorrow.
The following Bill was taken up.
S. 852 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-170 SO AS TO AUTHORIZE THE HOLDER OF A RETAIL PERMIT TO SELL BEER AND WINE TO TRANSFER BEER AND WINE TO OTHER BUSINESSES, TO REQUIRE THE TRANSFEREE BUSINESSES TO HOLD A RETAIL BEER AND WINE PERMIT ISSUED TO THE SAME INDIVIDUAL, PARTNERSHIP, OR CORPORATION AS THE LICENSE OF THE TRANSFEROR BUSINESS, TO REQUIRE TRANSFER OF BEERS TO CONFORM TO TERRITORIAL RESTRICTIONS, TO MAKE IT UNLAWFUL TO TRANSFER BEER OR WINE EXCEPT AS PROVIDED IN THIS SECTION, TO MAKE IT UNLAWFUL FOR A RETAILER TO PURCHASE BEER OR WINE FROM ANOTHER RETAILER FOR RESALE, AND TO PROVIDE A PENALTY.
Rep. CARNELL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\19210.SD).
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Sections 61-9-30 and 61-9-180 of the 1976 Code are repealed./
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL explained the amendment and moved to adjourn debate upon the Bill until Tuesday, May 12, which was adopted.
The following was introduced:
H. 4832 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 1446, RELATING TO THE ENACTMENT OF THE HOUSING TRUST FUND ACT OF 1992, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF S. 385 (AUTOMOBILE INSURANCE) AND CONTINUING EACH DAY THEREAFTER FOLLOWING THE CALL OF THE THIRD READING STATEWIDE CONTESTED CALENDAR UNTIL DISPOSED OF BY THIRD READING OR OTHERWISE.
Be it resolved by the House of Representatives:
That S. 1446, relating to the enactment of the Housing Trust Fund Act of 1992, be set by special order for second reading or other consideration immediately following second reading or other disposition of S. 385 (automobile insurance) and continuing each day thereafter following the call of the Third Reading Statewide Contested Calendar until disposed of by third reading or otherwise.
Rep. McTEER explained the Resolution.
Rep. KIRSH spoke against the Resolution.
Rep. COBB-HUNTER spoke in favor of the Resolution.
The question then recurred to the adoption of the Resolution.
Rep. KIRSH demanded the yeas and nays, which were not ordered.
The Resolution was adopted by a division vote of 65 to 12.
The following Bill was taken up.
H. 4311 -- Reps. Clyborne, Tucker, J. Bailey, A. Young, Meacham, Vaughn, Rama, Littlejohn, Hallman, Wells, Haskins, Harwell, Waites, Townsend, Holt, Wright, Baxley, Chamblee, Sturkie, Phillips, Neilson, Fair, M.O. Alexander, Cato, Shissias, Byrd, McGinnis, Inabinett, Cole, L. Martin, Riser, Quinn, Harrison, Harrelson, H. Brown, Smith, Koon, Wilkes, Wilder, D. Williams, Stone, Rudnick, Delleney and Waldrop: A BILL TO AMEND SECTION 56-5-6240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND SALE OF CERTAIN MOTOR VEHICLES SO AS TO PERMIT THE ARRESTING OFFICER TO RELEASE THE MOTOR VEHICLE TO THE SHERIFF OR CHIEF OF POLICE OF THE JURISDICTION WHERE THE MOTOR VEHICLE WAS SEIZED INSTEAD OF THE HEAD OF THE OFFICER'S LAW ENFORCEMENT AGENCY.
Debate was resumed on Amendment No. 2, which was proposed on Wednesday, May 6, by Rep. KEMPE.
Rep. KEMPE moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
S. 954 -- Senator Macaulay: A BILL TO AMEND SECTION 8-17-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, MEMBERSHIP, AND POWERS OF A GRIEVANCE COMMITTEE, SO AS TO AUTHORIZE THE COMMITTEE TO SUBPOENA WITNESSES.
Rep. WILKINS moved to recommit the Bill to the Committee on Judiciary, which was agreed to.
The following Bill was taken up.
H. 4744 -- Reps. Foster, Scott, D. Martin, Harrelson, Cobb-Hunter, Wright, Inabinett, Rama, Vaughn, Riser, Holt, Glover, Kennedy, Boan, Kirsh, Baxley, L. Elliott, Baker, Haskins, T.C. Alexander, H. Brown, Anderson, McCraw, G. Brown, J. Brown, Byrd, Hyatt, Council, Cato, D. Williams, Whipper, Taylor, Beatty, Felder, Canty, Koon, Barber, Rogers, J. Bailey, Rhoad, Meacham, Waldrop, Hodges, P. Harris, Houck, McLeod and Beasley: A BILL TO AMEND SECTION 59-127-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF SOUTH CAROLINA STATE COLLEGE, SO AS TO REFLECT THE NAME OF THE COLLEGE TO UNIVERSITY, TO INCREASE THE NUMBER OF MEMBERS TO THIRTEEN, TO REDUCE THE TERM OF THE MEMBERS, AND TO PROVIDE FOR THEIR ELECTION.
Rep. FOSTER moved to table the Bill, which was agreed to.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, May 13, which was adopted.
H. 4557 -- Rep. R. Young: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
The following Bill was taken up.
S. 794 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-270 SO AS TO PROVIDE FOR DAMAGES FOR THE UNLAWFUL GROSS DESTRUCTION OF OR INJURY TO WILDLIFE, AQUATIC LIFE, ENDANGERED AND THREATENED SPECIES, AND THE LANDS AND WATERS OWNED BY THE STATE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\8373.BD), which was adopted.
Amend the bill, as and if amended, Section 50-1-270, SECTION 1, page 2, after line 2, by inserting:
/(C) This section does not apply to ordinary agricultural practices./
Amend title to conform.
Rep. SNOW explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. SNOW having the floor.
Rep. SHARPE moved that the House recur to the morning hour, which was agreed to.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 494 -- Senators Lourie, Leventis, McConnell, J. Verne Smith, Macaulay, Passailaigue, Long, Fielding, Helmly, Thomas, Russell, Rose, O'Dell, Mitchell and Washington: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 3, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE DESIGNATION OF HIGHWAY DISTRICTS, THE ELECTION OF HIGHWAY COMMISSIONERS, AND THE APPOINTMENT OF DEPARTMENT PERSONNEL SO AS TO PROVIDE FOR THE REORGANIZATION OF THE DEPARTMENT BY PROVIDING FOR DEFINITIONS TO BE USED IN CHAPTER 3, BY CHANGING THE NAME OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION, BY PROVIDING FOR THE CREATION OF CERTAIN DIVISIONS WITHIN THE DEPARTMENT AND THE APPOINTMENT OF DIVISION MANAGERS, BY PROVIDING FOR THE ELECTION OF HIGHWAY COMMISSIONERS BY THE GENERAL ASSEMBLY AT LARGE AND THEIR TERM OF OFFICE, BY PROVIDING FOR THE CREATION OF SEVEN HIGHWAY DISTRICTS, AND BY PROVIDING FOR THE APPOINTMENT OF OTHER DEPARTMENT PERSONNEL; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 57, RELATING TO FINANCES OF THE DEPARTMENT SO AS TO PROVIDE THAT THE DEPARTMENT MUST PROCESS ALL VOUCHERS FOR THE PAYMENT OF GOODS, SERVICES, AND PERSONNEL SERVICES THROUGH THE COMPTROLLER GENERAL'S OFFICE; TO PROVIDE FOR NEW TERMS OF OFFICE FOR COMMISSIONERS ELECTED FOR TERMS BEGINNING IN 1992; TO AMEND SECTION 11-35-45(B), RELATING TO THE DEPARTMENT'S LUMP SUM STATUS BY ELIMINATING THE DEPARTMENT'S LUMP SUM STATUS; TO PROVIDE THAT THE CODE COMMISSIONER CHANGE CERTAIN REFERENCES IN THE 1976 CODE; TO REPEAL SECTION 124.20, PART I, ACT 612 OF 1990 RELATING TO BUDGET TRANSFERS; AND TO PROVIDE FOR THE CREATION OF AN OMBUDSMAN WITHIN THE DEPARTMENT.
Ordered for consideration tomorrow.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. SNOW having the floor.
S. 794 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-270 SO AS TO PROVIDE FOR DAMAGES FOR THE UNLAWFUL GROSS DESTRUCTION OF OR INJURY TO WILDLIFE, AQUATIC LIFE, ENDANGERED AND THREATENED SPECIES, AND THE LANDS AND WATERS OWNED BY THE STATE.
Debate was resumed on Amendment No. 1 by the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. SNOW continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SNOW, with unanimous consent, it was ordered that S. 794 be read the third time tomorrow.
The following Bill was taken up.
S. 826 -- Senators Pope and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-296, SO AS TO PERMIT POLITICAL SUBDIVISIONS OF THIS STATE, INCLUDING SCHOOL DISTRICTS, TO MAINTAIN AND CARRY FORWARD REASONABLE POSITIVE GENERAL FUND BALANCES FROM FISCAL YEAR TO FISCAL YEAR INCLUDING, BUT NOT LIMITED TO, THOSE YEARS IN WHICH PROPERTY WITHIN THE POLITICAL SUBDIVISION OR SCHOOL DISTRICT IS SUBJECT TO REASSESSMENT.
Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6554.HC).
Amend the bill, as and if amended, by striking Section 12-43-296, as contained in Section 1, page 1, and inserting:
/Section 12-43-296. In accordance with Article X, Section 7(b) of the Constitution of this State, political subdivisions, including school districts, of this State shall prepare and maintain annual budgets which provide for sufficient income to meet estimated expenses for each fiscal year. Notwithstanding any other provision of law, political subdivisions of this State, including school districts, may maintain and carry forward reasonable positive general fund balances, not to exceed five percent of the completed fiscal year's operating budget, from fiscal year to fiscal year including, but not limited to, those years in which property within a political subdivision or school district is subject to reassessment./
Amend title to conform.
Rep. BOAN explained the amendment and moved to adjourn debate upon the Bill until Tuesday, May 12, which was adopted.
The following Bill was taken up.
H. 4264 -- Reps. Kempe, Harvin, Neilson, J. Harris, Rudnick, McElveen, Cromer, Baxley, Snow, Rogers, Keyserling and Beatty: A BILL TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER SHALL REQUIRE A REDUCTION IN MOTOR VEHICLE LIABILITY INSURANCE RATES FOR A THREE-YEAR PERIOD FOR ANY PERSON WHO VOLUNTARILY ATTENDS AND SUCCESSFULLY COMPLETES A MOTOR VEHICLE ACCIDENT PREVENTION COURSE APPROVED BY THE COMMISSIONER.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, May 6, by Rep. KEMPE.
Rep. KEMPE moved to table the amendment, which was agreed to.
Reps. CROMER and KEMPE proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10041.JM), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 38-73-737. Premium rates charged for liability coverages and collision coverage under a private passenger automobile insurance policy must be subject to an approved driver training course credit once satisfactory evidence is presented that any applicant for the credit, who is not subject to the youthful operator approved driver training course credit mandated by Regulation 69-13.2(C), has successfully completed an approved driver training course. The amount of the credit may be determined by each individual insurer based upon factually or statistically supported data, and is subject to prior approval by the commissioner. The discount must be afforded to the operator for thirty-six months from the date the approved driver training course was completed. The credit must be afforded by each insurer to all applicants, other than those considered within Regulation 69-13.2(C), in a nondiscriminatory manner.
(A) An approved driver training course is a driver training course which has been approved by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or any other responsible educational agency, and was conducted by:
(1) a recognized secondary school, college, or university;
(2) instructors certified by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency; or
(3) any other school approved and supervised by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency.
(B) Satisfactory evidence is a certificate, signed by an official of the school, the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency, which certifies that:
(1) the course was approved by, and the instructors were certified by, the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency; and
(2) for schools other than recognized secondary schools, colleges, or universities, the school was approved and supervised by the South Carolina Department of Education, the South Carolina Department of Highways and Public Transportation, or other responsible educational agency."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KEMPE, with unanimous consent, it was ordered that H. 4264 be read the third time tomorrow.
The following Bill was taken up.
H. 4650 -- Reps. Wilkins, Baxley, Hodges, Harrison, Wilder, Beasley, Rogers, T.C. Alexander and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 19-11-100 SO AS TO CREATE AN ABSOLUTE PRIVILEGE AGAINST COMPELLED TESTIMONY AND PRODUCTION OF DOCUMENTS FOR A PERSON ENGAGED IN GATHERING AND DISSEMINATING NEWS FOR THE PUBLIC WHEN SOURCES OF THE INFORMATION HAVE BEEN ASSURED CONFIDENTIALITY AND TO CREATE A QUALIFIED PRIVILEGE WHEN CONFIDENTIALITY HAS NOT BEEN ASSURED AND CERTAIN CRITERIA ARE MET.
Rep. HODGES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\12468.DW).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 19-11-100. (A) A person, company, or entity engaged in or that has been engaged in the gathering and dissemination of news for the public through a newspaper, book, magazine, radio, television, news or wire service, or other medium has a qualified privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any judicial, legislative, or administrative proceeding in which the compelled disclosure is sought and where the one asserting the privilege is not a party to the proceeding.
(B) The person, company, or other entity may not be compelled to disclose any information or document or produce any item obtained or prepared in the gathering or dissemination of news unless it is shown that this privilege has been knowingly waived or evidence is produced to establish that what is sought:
(1) is material and relevant to the controversy for which the testimony or production is sought;
(2) cannot be reasonably obtained by alternative means; and
(3) is necessary to the proper preparation or presentation of the case of a party seeking the information, document, or item.
(C) Publication of any information, document, or item obtained in the gathering and dissemination of news does not constitute a waiver of the qualified privilege against compelled disclosure provided for in this section."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. WILKINS moved to adjourn debate upon the Bill until Tuesday, May 12, which was adopted.
Rep. McGINNIS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4613 -- Reps. Manly, Neilson, Keyserling, Waites, Whipper, Cromer, Glover, J.C. Johnson, Cobb-Hunter, McElveen, L. Elliott, Barber, Mattos, M.O. Alexander, D. Martin, Rogers, J. Bailey, Jaskwhich and Kempe: A CONCURRENT RESOLUTION ENDORSING THE GOALS AND OBJECTIVES OF THE UNITED NATIONS CONFERENCE ON ENVIRONMENT AND DEVELOPMENT (UNCED), OTHERWISE KNOWN AS THE EARTH SUMMIT, SCHEDULED FOR JUNE, 1992, IN BRAZIL, AND CALLING UPON THE PRESIDENT OF THE UNITED STATES TO JOIN HIS COUNTERPARTS FROM AROUND THE WORLD AT THE EARTH SUMMIT AND TO INSTRUCT UNITED STATES NEGOTIATORS TO WORK WITH OTHER NATIONAL DELEGATIONS IN CRAFTING AN INTERNATIONAL PROTOCOL ON GLOBAL CLIMATE CHANGE.
At 11:35 A.M. the House in accordance with the motion of Rep. SHISSIAS adjourned in memory of Mr. Frank A. McLeod, Rep. CORNING's step-father, to meet at 10:00 A.M. tomorrow.
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